Philip Morris USA has filed a suit in federal court to overturn a controversial San Francisco ordinance that would ban the sale of tobacco products in convenience drugstores.

The lawsuit asks the court in the Northern District of California to delay enforcement of the ordinance and ultimately declare it unconstitutional. The ban already is the subject of a separate lawsuit pending in state court challenging its propriety.
“Although called a ban on sales, the purpose and effect of the ordinance is to suppress communications directed to adult smokers, in violation of our constitutional rights,” said Joe Murillo, Altria Client Services vice president and associate general counsel, speaking on behalf of Philip Morris USA. “Likewise, the ban unfairly deprives adult consumers of the opportunity to buy tobacco products from legitimate licensed retail businesses.”
The U.S. Supreme Court has established that tobacco manufacturers have a protected First Amendment right to communicate to adult consumers about their lawful products. (pi)