Safeway Loses Tobacco Ban Lawsuit in San Francisco

Safeway’s lawsuit against a San Francisco tobacco ban was dismissed on Friday after the grocery store chain claimed that the law was unconstitutional. The Board of Supervisors initially enacted the law in 2008 that prohibited the sale of tobacco products in pharmacies. According to CBS News San Francisco, the ban was the first of its kind in the U.S.

Safeway filed the lawsuit in February, claiming that the ban hurts business and is unconstitutional. There are 10 Safeway grocery stores in the San Francisco area that contain pharmacies, says CBS News.

U.S. District Judge Claudia Wilken dismissed the case on Friday, stating that the current law is a reasonable, constitutional measure to protect public health.

“Those who operate pharmacies have chosen to participate in our health care delivery system, and that should not include the delivery of cigarettes,” said San Francisco City Attorney Dennis Herrera, as quoted by CBS News.

Judge Wilken’s decision comes at a disappointment for Safeway, and the company is deciding on whether they should appeal the ruling or not. Such a process can start as early as next week.