A U.S. District Court judge denied the request by Philip Morris USA to temporarily delay a ban on tobacco sales at convenience drugstores in San Francisco.

U.S. District Judge Claudia Wilken said Philip Morris USA had failed to show a "likely success on the merits of its claims of irreparable harm," in its ruling.
Wilken scheduled a hearing on whether to grant a preliminary injunction, the next step in the case, on 30 October, and ordered both sides to file further briefs before then.
Philip Morris spokesman Jack Marshall said, "While disappointed with the court's initial ruling, Philip Morris USA looks forward to presenting its arguments at the hearing on our motion for a preliminary injunction."
Philip Morris USA filed suit in federal court on 24 September, claiming that the new law violates its free-expression right to sell its products.
It is still possible the measure could be blocked from going into effect in October since the country's largest drugstore chain, Walgreen, filed a separate lawsuit against the law on 8 September. The company claims that the measure violates its right to equal treatment as grocery stores and "big box" stores containing pharmacies are exempted from the ban. The hearing  takes place on 30 September. (pi)