Tobacco-Free Pharmacies
In 2008, San Francisco became the first U.S. city to adopt a tobacco-free pharmacy
law. Boston and Needham, Massachusetts, followed suit in 2009.
These cities are leading the way in recognizing that cigarettes and pharmacies don't mix. In San Francisco, Walgreens and tobacco giant Philip Morris filed restraining order requests against the law to prevent the implementation of the city's tobacco-free pharmacy law. Courts denied both requests and allowed the law to go into effect as scheduled. Walgreens even claimed in a recent action alert that it needs to sell tobacco products in order to counsel people to quit smoking.
When is the last time you heard a drug store checkout clerk counsel someone
to buy cessation products rather than cigarettes?
Cities like San Francisco and Boston are doing the right thing by seeking to reduce healthcare costs and disease burdens through better prevention policies and programs.
For more information, read ANR's press release, Why Cigarettes and Pharmacies Don't Mix: Prescription for Change and also check out the resource materials linked at the bottom of this page.
Here is a partial list of cities with a tobacco-free pharmacy ordinance or regulation:
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San Francisco, CA |
North Attleborough, MA Needham, MA Newton, MA Salem, MA Southborough, MA Wakefield, MA Walpole, MA Westport, MA Worcester, MA |
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Prohibiting
the Sale of Tobacco Products in Pharmacies
D-495.994 Oppose Sale of Tobacco Products in Pharmacies The APha-ASP American Pharmacists Association Academy of Student Pharmacists adopted a resolution stating: 1996.1 Tobacco Sales in Pharmacies 1989.2 ] Sale of Tobacco Products in Pharmacies
UCSF
School of Pharmacies' Tobacco-Free Pharmacies information
Learn more about the links between tobacco companies and chain drug stores at PR Watch. California LGBT Tobacco Education Partnership's Pharmacies Page |
The
American Medical Association (AMA) has a resolution on this issue:
Background
paper from UCSF on tobacco in pharmacies.
Walgreens
Advertisement
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Pharmacy
Sales of Tobacco Main
Head Education
puts out tobacco Sudbury
Board of Health to look at updating tobacco regulations Should
Falmouth Ban Tobacco Sales in Pharmacies? Falmouth
Board of Health Considers Ban on Tobacco Sales in Pharmacies Tobacco
products seem odd in pharmacy Bellingham
may ban sale of cigarettes, tobacco products at local ... 'Prescription
for Change' takes on sale of tobacco products in ... Tobacco
snuffed out at drug stores Butt
out of Barnstable drugstores? Drug
store tobacco sale ban proposed in Barnstable SPITZ:
Ashland snuffs out drugstores' cigarette sales Dartmouth
ban on tobacco sales takes effect Melrose
considers banning tobacco sales at pharmacies Ban
on pharmacy tobacco sales likely Buffalo-area
pharmacists say no to tobacco sales in pharmacies Westport
Board of Health passes new tobacco regulation SouthCoast
cities and towns join growing roster to ban tobacco ... Tobacco
sales banned in Fairhaven pharmacies beginning Nov. 1 South
Windsor Town Council Majority Against Banning Tobacco Sales in Pharmacies South
Windsor Town Council to Discuss Prohibiting Pharmacies From Selling
Cigarettes Council
to discuss ban on cigarette sales in local pharmacies
Council to discuss ban on cigarette sales in local pharmacies ... discussions Monday on banning the sale of tobacco products — particularly cigarettes — from ... Tobacco
sales banned in Watertown health care institutions Smoker
and Non-Smokers Respond to New Cigarette Sale Ban at ... Smokers have four fewer places to buy cigarettes in Reading: CVS, two
Rite Aid stores and Walgreens. The Board of Health banned the sale of
tobacco products ... TELL
US: Was Ban on Tobacco at Pharmacies the Right Decision? On Tuesday, the Board of Health voted to ban tobacco sales (that includes
cigarettes) at pharmacies beginning Sept. 1, according to the Salem
News. The outlet ... SALEM, Mass. - This tourist-dependent Massachusetts town has banned the sale of cigarettes and other tobacco products in drug stores. … Tobacco
sales nixed at pharmacies More than a decade ago, Salem was the first on the North Shore to ban smoking in ... to prohibit the sale of cigarettes and other tobacco products in pharmacies, ... the sale of tobacco products in pharmacies or are in the process of imposing bans. ... Dogs banned at Salem's outdoor dining spots ... Town
mulls ban on pharmacy tobacco sales Town mulls ban on pharmacy tobacco sales ... ways to ban tobacco products, particularly cigarettes, from being sold in local pharmacies. ... Councilor
Seeks to Ban Cigarette Sales in South Windsor Pharmacies "My hope is to restrict pharmacies from selling tobacco-based
products because they ... to excess, can lead to health problems, and
tobacco-related products like cigarettes. ... 25 communities have banned
the sale of tobacco products from pharmacies and ... Related Topics:
South Windsor Government and cigarette bans ... POLL:
Middleboro bans tobacco sales in pharmacies Tobacco
sales banned in Pittsfield stores with pharmacies Add Pittsfield to the growing list of Massachusetts communities that
have banned tobacco sales at stores with pharmacies. … Cohasset
stores with pharmacies can still sell cigarettes Cohasset's three stores with pharmacies – CVS, Walgreens and Stop & Shop – can continue selling cigarettes and other tobacco products, voters decided ... By rejecting the board of health’s proposal, residents also voted down a ban on the use of electronic cigarettes in public places where traditional cigarettes are prohibited, including business offices and restaurants. … Cohasset
voters to decide on e-cigarette ban Voters will define the legal use of e-cigarettes when town meeting reconvenes at 7 p.m. Monday in the middle/high school gymnasium. … Health officials are also asking residents to ban the sale of e-cigarettes to minors and to prohibit stores with pharmacies from selling tobacco products. … Board
of Health snuffs smokes sale ban After taking public feedback and their own official capacity into account,
the North Andover Board of Health has backed away from banning cigarette
sales at pharmacies throughout town. … Barnstable's board of health still has a ban on tobacco sales at pharmacies on its radar, but there's nothing immediately before the three-member board. … Cohasset
may limit sales of most tobacco products He said that when faced with a choice between getting rid of a pharmacy or tobacco sales, all the stores have chosen to get rid of cigarettes and the like. … The board also has proposed adding electronic cigarettes to the list of tobacco products already banned from use in public places in town. … Saugus
health panel hears about proposed tobacco ban Middleboro
considers tobacco sales ban for pharmacies Selectmen on Monday reviewed proposed changes in the town’s tobacco regulations that would ban the sale of tobacco products in pharmacies and increase fines for tobacco violations. ... Tri-Town
Health Board Bans Tobacco Sales In Pharmacies LEE, Mass. Tri-Town Health Department Director James J. Wilusz announced at a public hearing Monday that the Tri-Town Board of Health, which represents Lee, Lenox and Stockbridge, amended its local tobacco regulations. In regards to the local regulation, "Restricting the Sale of Tobacco Products and Nicotine Delivery Products," pharmacies will not be allowed to sell tobacco products starting on July 1. … Banning
pharmacy tobacco sales still on board's mind Barnstable's board of health still has a ban on tobacco sales at pharmacies
on its radar, but there's nothing immediately before the three-member
board. … City
eyes tougher public smoking rules Board
eyes ban on tobacco sales at pharmacies Byrnes:
Tobacco products do not belong in Milford's pharmacies Re: Milford Board of Health’s apparent decision to look into the
economic effects of banning the sales of all tobacco products at Milford
Pharmacies. ... into the economic effects of banning the sales of all
tobacco products at Milford Pharmacies. ... And they are called cigarettes
(or cancer sticks). … Region – About 20 years ago, Bouvier Pharmacy in Marlborough made
the decision to ban the sale of tobacco products. Although it likely
cut into their ... Milford
wants to hear from pharmacies on tobacco proposal The Board of Health last night asked Health Officer Paul Mazzuchelli to seek feedback from stores hurt by a possible ban on the sale of tobacco products at pharmacies. … Nichols
makes courageous stand That you publicly state Albany County Legislator Tim Nichols is self-indulgent in his proposed ban of tobacco products in pharmacies is terrible. … Springfield
Public Health Council bans sales of tobacco products at drug stores,
supermarkets with pharmacies …The new regulation defines drug stores and stores with pharmacies
as “health care institutions,” and refers to the sale of tobacco
in those stores as ... Boston, Fall River, and Worcester are among the cities that no longer
permit the sale of cigarettes and other tobacco products at pharmacies,
declaring that ... Proposal
Restricting the Sale of Tobacco Products in Springfield ... (WGGB) A proposal by the Springfield Public Health Council calls
for banning the sale of tobacco at health care institutions. Drug stores
and pharmacies ... According to the MYA the sale of tobacco accounts for less than one
percent of sales in pharmacies. Selectmen are joining forces with the
Middleboro Youth ... By JANE LOPES MIDDLEBORO Pharmacies would be prohibited from
selling cigarettes and other tobacco products if the selectmen approve
a health regulation ... The selectmen have scheduled a public hearing for March 12 on amendments
to the town's tobacco control bylaws that also include a proposed ban
on the sale ... Middleboro
youth group asks board to restrict cigarette sales Selectmen are joining forces with the Middleboro Youth Advocates, which
is seeking a grant to study the increase of drug use in the town and
to amend Board of Health regulations that would ban the sale of cigarettes
in pharmacies. ... Tobacco
ban in Pittsfield may broaden City health officials are considering a ban on tobacco sales at stores
with pharmacies, one of several proposals aimed at keeping youths from
buying cigarettes and other tobacco-related products. … The Board
of Health is reviewing the potential revisions to its tobacco control
... Wilusz said Pittsfield currently can’t prevent someone under
the age of 18 from buying so-called "e-cigarettes," which
deliver the nicotine fix without the tobacco. … New
smoking rules prohibit tobacco sales at Winchester pharmacies Fines and penalties for the sale of tobacco products to minors have also been ... the town's other pharmacy, Winchester Drug, does not sell cigarettes. Brookline
to pack fewer cigarettes, sources say Smokers near Brookline can expect to cut down on cigarettes as the
town prepares to officially remove tobacco products from drug stores
and healthcare ... Board
still sniffing for Rx tobacco ban SPRINGFIELD - The city's Public Health Council is considering a regulation
that would ban the sale of tobacco products in stores that have pharmacies,
patterned after a similar law in Boston. Wareham
to hold a public hearing about tobacco sales The Board of Health will hold a public hearing on November 30, 2011,
at 6 p.m. about tobacco sales in Wareham. The meeting will be held at
the Wareham Town Hall, 54 Marion Road, Bottom Floor Cafeteria to hear
testimony about amendments to the town's current regulation regarding
tobacco sales. The proposed changes include regulating electronic cigarettes
and Nicotine Delivery Devices like tobacco; banning the sale of tobacco
in health care institutions, including pharmacies; ... Health
board bans cigarette sales in Lowell pharmacies In a recent Board of Health decision, Lowell became one of a handful
of cities and towns in the state to adopt regulations that ban the sale
of tobacco products in health-care institutions, like pharmacies, where
a state licensed pharmacist is on staff. ... Mass.
health regulators consider ban on tobacco sales in pharmacies Massachusetts health regulators said today that they will consider
banning the sale of tobacco products at pharmacies across the state.
... Southborough
tobacco ban concerns retail association Brookline
selectmen support tobacco pharmacy ban Richard
Feldman: Killer tobacco doesn't fit with pharmacies' mission Brookline's
proposed tobacco ban in drug stores raises questions The town's Advisory Council on Public Health has endorsed a ban on selling tobacco products at pharmacies and educational institutions, but one selectman is questioning the wisdom of forcing people bent on buying a pack of smokes to shop at a liquor store or gas station instead. ... Neumeyer:
Get cigarettes out of pharmacies Committee
OKs bill banning tobacco product sales at pharmacies Judge
dismisses Safeway suit against San Francisco ban on tobacco in stores
with pharmacies A federal judge on Friday found that the city of San Francisco has
a right to ban tobacco sales in stores with pharmacies even if the pharmacy
is not the store's main business. ... Westwood
Pharmacies to Stop Tobacco Sales Keeping
tobacco out of drugstores POLITO/GERACE:
100 Reasons Why CVS Should Stop Selling Cigarettes Today, May 20, 2011, marks the one year anniversary of CVS drug store
protests by the CVS Sells Poison Project. It's time to turn up the heat.
Following this 100 reasons list you'll find an invitation to protest
in front of your neighborhood CVS store. Together, we can and will motivate
CVS to stop selling cigarettes. We hope you'll consider participation
in what may someday be seen as one of America's greatest grassroots
public health victories ever. ... Westford
tobacco sales ban pinches neighboring towns As Westford tobacco users prepare for July 1, the day they can no longer
purchase tobacco products in pharmacies, health departments in surrounding
communities are deciding how to proceed. ... Silver
City Teen Center goes in front of Taunton School Committee to seek tobacco
products ban in stores with pharmacies Drug
store tobacco bans gain traction The pace of Massachusetts cities and towns banning tobacco sales at
pharmacies appears to be accelerating: Of nine such bans that have taken
effect since early 2009, four began this year, and more are under consideration.
... Sharon
Health Board Narrowly Defeats Pharmacy Tobacco Ban CMA
Supports San Francisco Tobacco Ordinance The legal skirmish over tobacco sales in San Francisco stores moved
into another round as City Attorney Dennis Herrera filed a motion in
federal district court on Friday to dismiss a lawsuit by supermarket
chain Safeway, which seeks to overturn the city's ban on selling tobacco
products in stores that also have pharmacies. ... Worcester
close to new tobacco laws Worcester
City Council postpones vote on tobacco ordinance KOTSOPOULOS:
Will Council target tobacco? Given the flak it has received in some quarters, it will be interesting
to see if the City Council proceeds with efforts to have Worcester join
a handful of communities across the state in banning the sale of cigarettes
and other tobacco products by local health care providers, including
chain pharmacies and other drugstores, and colleges. . . . ... Worcester
council postpones vote on restricting tobacco sales A city councilor has temporarily put the brakes on a proposal to ban
the sale of cigarettes and other tobacco products by local health care
providers, including chain pharmacies and other drugstores, and local
colleges. ... TOBACCO
TO NO LONGER BE SOLD IN PHARMACIES BEGINNING APRIL 1 LETTER:
Banning tobacco products just the tip of the iceberg I understand that cigarettes and other tobacco products are very unhealthy
and dangerous, but taking them off the shelf in just pharmacies isn't
going to really make a difference in the percentages of people using
these products every day. Some people may not even buy their cigarettes
at a store with a pharmacy in it so they will continue to buy them from
wherever they normally get them. ... Partial
ban on smokes outlined WORCESTER -- A move is in the works to have the city join a handful
of communities statewide in banning the sale of cigarettes and other
tobacco products by local health care providers, including chain pharmacies
and other drugstores, and institutions of higher education. ... Tobacco
must come off pharmacy shelves in 30 days, City Council decides
The ban on selling tobacco products in stores with pharmacies will become city ordinance in 30 days after the City Council's second 5-4 vote to approve the ban Tuesday night. ... Sharon
Health Board Might Ban Tobacco Sales At Pharmacies Safeway
says San Francisco tobacco ban should be tossed National grocery store chain Safeway Inc. has filed a federal lawsuit
claiming that San Francisco's ban on the sale of tobacco products in
pharmacies and stores that contain pharmacies is unconstitutional. ... Oxford
joins anti-tobacco ranks OXFORD — A group of Oxford High School students took on “Big Tobacco” and won. The Board of Health has voted to make Oxford the fifth community in Massachusetts to ban the sale of tobacco products in pharmacies, drugstores and other “health care institutions.” The ban went into effect this month and affects CVS, Walmart and Rite
Aid stores in town. Boston, Needham, Newton and Everett have similar
bans on tobacco sales. ... MELLON:
FROM THE CHAMBER: Government intrusion with Fall River tobacco sale
ban chills trade and commerce Enactment of the proposed amendment to Chapter 34 of the Revised Ordinances to the City of Fall River (1999) would ban the sale of tobacco products at retail establishments that also operate or maintain a health care institution within it, such as a pharmacy or drugstore.
The asserted purpose of the ordinance change is “to facilitate compliance” with the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA). In reviewing the FSPTCA, it is challenging to understand how the sale of a tobacco product in the front end of a grocery store, which incorporates very limited space for a pharmacy in the back end, conveys a “tacit approval of the purchase and use of tobacco products.” It is even harder to fathom how that approval can be distinguished from other businesses who concurrently sell tobacco products, cold and flu remedies, diet aids, vitamins or other health related goods or services... Safeway
Sues Over San Francisco Tobacco Ban The lawsuit calls the tobacco ban "arbitrary and capricious,"
and "a denial of Safeway's due process rights under the 14th Amendment
to the U.S. Constitution." ... MIKE
MORAN: Fall River tobacco sale ordinance becomes a white-hot debate
Fall
River City Council approves first reading of tobacco ban Chain stores such as Rite Aid, Walgreens and Shaw's will be banned from selling cigarettes and other tobacco products if the City Council follows up Tuesday night's 5-4 vote on a first reading and approves final passage of the ordinance March 22. It would affect 16 city chain store outlets. Five independent stores haven't sold the products in a decade. ... Busy
Fall River City Council will tackle budget transfers, tobacco sales
rules The City Council Tuesday night will address ordinances for tree maintenance,
prohibition on the sale of tobacco products at drugstores and fee changes
for boat moorings and street vendors. . . . ... Chatham
citizen crusade against cigarettes in CVS David Nixon remembers going into a drug store by his office in Newton and noticing that the scads of cigarettes and other tobacco products behind the counter were gone. When he asked what happened, he was told new regulations, modeled on those in Boston and San Francisco, outlawed their sale by health care providers. Fast forward a couple of months and Nixon, a member of the zoning board of appeals, was speaking with several representatives of CVS who were planning to build a new pharmacy side by side with Chatham Village Market. Nixon said he asked them if they would be willing to voluntarily not sell tobacco products at their new store, which at the time was wending through the permitting process. The store is slated to open its doors in May. They said they couldn’t make those kinds of decisions, Nixon remembered. “But they’d bring it back to corporate, as they say,” he said. “And then nothing happened.” So he has taken matters into his own hands. Using regulations from other communities as a template, he brought draft wording before the board of health last week. When the board finishes fine-tuning the language that will be added to the town’s smoking regulations, a public hearing will be held. ... Fall
River considers banning tobacco sales in pharmacies Fall River could become the latest community to ban tobacco sales in drugstores or pharmacies. This week members of the City Council's ... Fall
River Looking to Ban Tobacco from Pharmacies Pharmacies:
Promoting Health ... or Cancer? Most people walk in to a pharmacy to pick up medication to treat a disease, or purchase toothpaste or band-aids. In general, consumers trust pharmacies to sell items related to health. But what if there was a product on your pharmacy's shelves that was responsible for over 400,00 deaths a year and was the number one cause of preventable death and disease in the U.S.? Maybe you'd wonder why it hasn't been removed yet. Ryan Madanick, a gastroenterologist who specializes in esophageal diseases, wonders the same thing. He started a petition on Change.org urging two of the largest chain pharmacies -- CVS and Rite Aid -- to stop selling a product that directly results in disease and death -- tobacco. For Madanick, it's not about banning the sale of tobacco products or
imposing new laws. It's not about regulating people's smoking. Instead,
it's the sheer hypocrisy that a place charged with promoting the health
of its patrons would sell something so contradictory to this mission
... Southborough
tries to prevent teen smoking Southborough - Teen smoking is a bad thing. We all know it. And Southborough is taking another step to prevent it. The Southborough Board of Health held a public hearing on a proposed ban on the sale of all tobacco products in Southborough pharmacies Dec. 15. The Board of Health members: Dr. Louis Fazen (Chair), nurses Nancy Sacco and Mary Lou Woodford and Public Health Director Paul Pisinski oversee the office’s daily activities. Director of the Massachusetts Municipal Association D.J. Wilson was also in attendance. He supports tobacco control programs in state municipalities. Wilson opened the meeting by sharing some information from the Massachusetts Medical Society and its support of tobacco sales restrictions. At the meeting, the board unanimously amended the town’s tobacco control regulations to include the following amendment: “No health care institution located in the town of Southborough shall sell or cause to be sold tobacco products. No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products.” The ban is in effect immediately, and the three town pharmacies will have 60 days to comply ... Cats,
Dogs and Everything Else: Bills of the Session San
Francisco bans all pharmacy tobacco sales Walpole
selectmen Cliff Snuffer and Mike Berry question ban of tobacco ... WALPOLE — Weeks after the Board of Health banned local pharmacies from selling tobacco products, two selectmen are questioning the prohibition and may take legislative action in an attempt to reverse it. The Walpole selectmen called the move unfair to Walpole businesses and citizens. A local doctor promoted the regulation change that prohibited stores in Walpole from selling cigarettes and prescription medication in the same place. Dr. Joe Dorsey argued it is hypocritical for a business to peddle known carcinogens in an establishment meant to improve people’s health. Board of Health members reopened Walpole’s regulations last month and voted 4 to 1 to ban tobacco products from pharmacies. The new law forcing pharmacies to choose between selling cigarettes and prescription medication went into effect on Oct. 21. A total of four Walpole pharmacies were directly affected by the move: CVS, WalMart, Big Y and Stop & Shop. Health Director Robin Chapell said this week that the transition away from selling tobacco products has gone smoothly and the board hasn’t received complaints from the businesses about the new regulations ... Ban
on Saskatchewan pharmacies selling tobacco products pushed back to April
2011 Saskatchewan pharmacies will stop selling tobacco products as of April 1, 2011, said Health minister Don McMorris on Monday. McMorris released the province’s tobacco reduction strategy as he opened a two-day symposium that brings together health officials and experts from across Saskatchewan. He later told reporters that the government is delaying the ban on pharmacy tobacco sales by several months. “A lot of pharmacies have to change the design of the store and
we’re giving the time to do that,” McMorris told reporters
Monday at the Hilton Garden Inn. ... Whitman's
ex-housekeeper advised by SF lawyer Cigarette
Ban At Pharmacies Approved, Alcohol Fee Vote Postponed San Francisco supervisors today gave final approval to expand the city's ban on tobacco sales at stores with pharmacies but postponed a vote on overturning a mayoral veto of a fee on alcohol wholesalers. An expansion of the city's ban on tobacco sales at stores with pharmacies--which would include grocery and big-box stores such as Safeway, Lucky and Costco--was approved at a second board vote this afternoon, and Mayor Gavin Newsom's office indicated the mayor will sign it. Supporters have said that cigarette sales at stores that also sell medicines sends a mixed message, particularly to youth. Supervisors
pass booze fee, expand ban on cigarette sales : City Insider ...Supervisors also signed off on legislation to expand the ban on tobacco sales in drug stores to include big-box stores and supermarkets with on-site pharmacies. ... San
Francisco supes OK expanded tobacco sales ban San Francisco supervisors gave preliminary approval Tuesday to expanding a law that restricts drug stores from selling tobacco products to also apply to grocery stores and big box wholesale clubs with pharmacies. Supervisor Eric Mar, who co-sponsored the legislation, said there was no good reason for stores that sell nicotine patches and drugs to patients with cancer at one counter to offer cigarettes, cigars and chewing tobacco at another. "Cigarettes and pharmacies don't mix," Mar said. "Pharmacies should promote healing and protect our health." The ordinance expands an existing ban on drug store sales of tobacco products to cover big box wholesale clubs with pharmacies such as Costco Wholesale Corp. and grocery stores such as Safeway. A similar law is on the books in Boston. Board
of Supervisors to vote on tobacco ban extension Smokers may no longer be able to purchase cigarettes at stores like Safeway and Costco after the San Francisco Board of Supervisors votes on Tuesday to broaden a tobacco sales ban to include all stores that have a pharmacy. If Mayor Gavin Newsom signs the ordinance, tobacco products will disappear from those businesses in 30 days. According to Dr. Lisa Kroon, executive vice-chair of the department of clinical pharmacy at UCSF's School of Pharmacy, selling tobacco products in stores that have pharmacies represents a conflict of interests. "You shouldn't be able to buy products that harm you in the same place you go to get healthy," said Lin-Shao Chin, legislative aide to Supervisor Eric Mar, who introduced the legislation in August. Board
to vote on expanding ban on tobacco sales Packs of cigarettes line the back wall of Charlie's, a corner store in the Western Addition, while just feet away sits a pharmacy with a scoreboard-like device flashing flu prevention tips. It's a juxtaposition the San Francisco Board of Supervisors is expected to quash today as it votes on legislation to ban selling tobacco products in any stores containing pharmacies. That means no more tossing a pack of cigarettes into the cart at Safeway or Costco - and, according to Charlie's owner Nick Shoman, the possible death of his family's 23-year-old business. Or at least its pharmacy, which is a money-loser, while cigarettes account for 8 percent of his profit. And besides, he added, the legislation won't stop a single patron of his from smoking - a prediction loyal customers Nate Cochran, 48, and Rickey Jackson, 51, said is a sure bet. "If I have to go to Timbuktu to get my cigarettes, I'll go to Timbuktu!" Jackson said. Tobacco
ban poised to expand The City moved closer Monday to banning the sale of tobacco products in all businesses with a pharmacy, including drugstores and supermarkets. In 2008, San Francisco became the first U.S. city to ban the sale of tobacco products in drugstores such as Walgreens, but exempted grocery stores or stores such as Safeway and Costco. But Walgreens sued The City and the California Court of Appeals ruled in June that the law, in applying just to drugstores, violates equal protection rights under the U.S. Constitution. The City has now turned to a "legislative fix" in the legal battle. Supervisor Eric Mar has proposed legislation that would impose the ban on all businesses with a pharmacy. The Board of Supervisors Land Use and Economic Development Committee approved the legislation in a 3-0 vote Monday. The full board is expected to vote on the bill next week. ... Cigarette
Sales Ban Expansion Moves One Step Closer To Approval Legislation to expand San Francisco's first-in-the-nation ban on tobacco sales by pharmacies moved forward in committee today, despite one owner's concern that it would drive his corner store out of business. After testimony by health officials and anti-tobacco advocates this afternoon, the Board of Supervisors' three-member Land Use and Economic Development Committee agreed unanimously to send the ordinance--which adds grocery stores and "big box" stores with pharmacies to the ban--to the full board. Nick Schoman, owner of Charlie's, a corner drug store at 1101 Fillmore St. in the Western Addition neighborhood, asked the committee not to pass the legislation. "Losing tobacco sales would cripple my business," Schoman said. ... During the March 2010 annual meeting of the American Pharmacists
Association (APhA), the following statements regarding sales of tobacco
in pharmacies were adopted by the APhA of Delegates and became the official
policy of the association. The APhA Board and leadership planned to
meet in the next few months to discuss and adopt implementation strategies
for these new policies.
Discontinuation of the sale of tobacco products in pharmacies and facilities that include pharmacies
Canadians,
Americans, Britons support tobacco crackdowns Next
target for tobacco ban: Grocery stores Everett
board bans sale of tobacco in drugstores Starting next week, smokers will find it a little less convenient to pick up a pack of cigarettes in Everett. Hoping to deliver another blow against smoking, the Board of Health on May 24 voted unanimously to ban the sale of tobacco products in pharmacies. The ban, which takes effect next Tuesday, also applies to business establishments that include pharmacies, according to Heidi Porter, Everett’s public health director. “Pharmacies and drugstores that sell tobacco products are essentially approving of the purchase and use of tobacco. And we think that sends a mixed message to consumers who are going to these pharmacies really for health care services,’’ Porter said, of what prompted the ban. “The bottom line is that these pharmacies are health care establishments.’... Walgreen
Suit Over San Francisco Tobacco Ban Revived (Update1) Walgreen Co., the largest U.S. drugstore chain, can proceed with a lawsuit challenging San Francisco's first-in-the-nation law banning sales of tobacco products in some pharmacies, a California appeals court ruled. The ordinance, passed in 2008, says drugstores that sell health-care products convey tacit approval of smoking by selling cigarettes. While it barred tobacco sales at Walgreens, it didn't apply to grocery and warehouse stores that also contain pharmacies like those operated by Safeway Inc. and Costco Wholesale Corp. Walgreen claims the rule is unconstitutional and anticompetitive. Today's ruling reversed a judge's decision to dismiss Walgreen's case.
A state appeals court in San Francisco said there's no rational basis
to believe that the message conveyed to consumers by tobacco sales at
Walgreens is any different from such sales at supermarkets or big-box
stores that have pharmacies. Walgreen can challenge whether the rule
is an equal protection violation, the court said. ... WALGREEN
CO. v. CITY AND COUNTY OF SAN FRANCISCO Calif.
Justices Wonder: Is Walgreens a Grocery Store? In a challenge to a San Francisco law that bans tobacco sales at drug stores, three California appeal court justices on Wednesday looked like they wanted to avoid ruling on Walgreens' constitutional argument that the city is violating equal protection rights. Instead, the First District Court of Appeal panel appeared more interested
in whether a drug store that sells food is really a grocery store that
would be exempt. The local ordinance, which took effect in 2008, bans tobacco sales in San Francisco at drug stores but not at supermarkets or stores like Costco. The city has contended that the sale of tobacco by health-promoting businesses sends a mixed message about cigarettes. ... Local
doctor asks Board of Health to ban sale of cigarettes in Walpole pharmacies
Calling the sale of tobacco products in pharmacies contradictory, Board of Health members will look into banning the sale of cigarettes in Walpole stores that also sell prescription medication. Walpole resident Dr. Joseph Dorsey presented the topic to the board at their meeting Tuesday night, arguing it didn't make sense that pharmacies, which sell products to improve people's health, would peddle tobacco products. The board has scheduled a public hearing at their next meeting to discuss changing town regulations to forbid stores with pharmacies from selling tobacco products. Health Director Robin Chapell said businesses would have to choose between selling cigarettes or prescriptions. Boston, Needham, Newton and Uxbridge have passed similar measures statewide. ... Stop-smoking
effort to kick off Saturday Newton
aldermen snuff out tobacco in pharmacies Newton — The Board of Aldermen approved a ban forbidding pharmacies from selling tobacco products in the city by a wide margin Monday night. The measure passed without discussion. In an 18-3 vote, members approved the ban, which supporters said was intended to prevent those in the public health business from selling cigarettes and other tobacco items. Aldermen Bill Brandel, Amy Sangiolo and Jay Harney cast the only nay votes against the ban. ... Push
to restrict tobacco sales to drugstores Now San Francisco entrepreneur Stuart Skorman, founder of the now defunct holistic-oriented drugstore chain Elephant Pharmacy, wants to make pharmacies the only places that sell tobacco products. Skorman, who on Thursday launched a nonprofit organization called HealthyPharmacies.org to promote his idea, believes that restricting cigarette sales to pharmacies would not only control the distribution and visibility of the product, but also give pharmacists the opportunity to counsel customers about quitting. The idea would also prevent kids from going down to the corner store
to buy cigarettes from a clerk who may not check identification, he
said. Skorman advocates testing the concept in some cities and then comparing the impact on smoking with those that have banned the sale of tobacco products in drugstores. He said he's in discussions with city officials interested in the idea, but declined to name the cities. "If limiting distribution and limiting the visibility of this dangerous product reduces smoking in communities, we believe pharmacists would be more than happy to be part of the program," he said. The problem? Most pharmacists and health experts interviewed for this story found the idea downright unhealthy. ... San
Francisco, Berkeley Missed Public Health Opportunity by Moving Tobacco
San Francisco and Berkeley missed an opportunity to help smokers quit when the cities moved all tobacco sales out of pharmacies, according to a new Bay Area health initiative. Instead of having smokers buy cigarettes in convenience stores and at other retailers, smokers should buy cigarettes only at pharmacy counters, says Stuart Skorman, founder of Elephant Pharmacy. Launching HealthyPharmacies.org, Skorman is focused on making pharmacies centers of health and wellness at the community level. "They can't just sell medicines to people who are sick. They must educate consumers and give them tools to lead healthier lives." Keeping cigarettes behind the pharmacy counter would do just that, Skorman says. When a smoker asks for a pack of cigarettes, pharmacy staff would have the opening to offer nicotine replacement, such as the patch or gum, or point smokers in the direction of counseling and other tools. The approach wouldn't require a prescription for tobacco but would offer smokers tools to help them quit. ... Newton
takes public comment on extinguishing pharmacy tobacco sales Residents can butt in at an aldermen meeting on Wednesday, Nov. 4 about a proposal to ban tobacco from being sold at CVS and other city pharmacies. "We wanted to give a chance for the public to weigh in on an important
issue," said Alderman Ted Hess-Mahan, one of the proposal's sponsors. The ban would be similar to ones in Boston, Uxbridge and Needham ... Study
shows how smoking really burns Saskatchewan Saskatchewan, Canada: ...Besides banning smoking in cars with kids under 14 years and banning smoking on outdoor bar and restaurant patios, the government is also contemplating stopping the sale of cigarettes in pharmacies, including pharmacies located in big-box stores. However, such big-box stores might be able to sell tobacco in areas with separate entrances. ... Court
upholds verdict against tobacco firms ... In another development, San Francisco's ban on tobacco sales in drugstores survived a legal challenge from Philip Morris. City Attorney Dennis Herrera's office said the tobacco company had dropped its appeal of a ruling upholding the year-old ordinance. The Ninth U.S. Circuit Court of Appeals in San Francisco upheld the ban last month, rejecting Philip Morris' argument that the city was effectively prohibiting tobacco advertising at drugstores in violation of freedom of speech. The court said the ordinance restricted only tobacco sales, not advertising. A state appeals court in San Francisco is considering a separate suit by Walgreens, which says the ordinance discriminates against drugstores by allowing supermarkets and big-box retail stores with pharmacies to sell tobacco. ... Philip
Morris Drops Lawsuit Against San Francisco The nation's largest tobacco company agreed Thursday to drop its legal
challenge to San Francisco's ban on tobacco sales in pharmacies. Philip Morris spokesman Jack Marshall said he could not comment except to say that if Wilken signs the stipulation, "Obviously, the case will be dismissed." The judge's approval is expected because the stipulation was signed by lawyers for both Philip Morris and the city. City Attorney Dennis Herrera hailed the end of the case, saying, "San Francisco's local officials have the right and the duty to protect public health, and in this case they have a compelling rationale." "Consumers -- and especially young people -- should reasonably expect pharmacies to serve their health needs, not to enable our leading cause of preventable death," Herrera said. . . . Chief Circuit Judge Alex Kozinski wrote in September that while advertising is a form of free speech, "Selling cigarettes isn't." Proposal
would send Newton pharmacy tobacco sales up in smoke Letters:
Politicians behaving badly Wednesday's federal appeals court ruling upholding San Francisco's ban on tobacco sales at pharmacies rightly dismissed Philip Morris' specious argument that this sensible ordinance interferes with the corporation's right to communicate with its customers. The Web, magazine ads, event sponsorship - their messages are hardly scarce. Pharmacies should be centers of wellness, not illness. They should
not sell products that, when used as intended, are quite likely to kill
the user. S.F.
ban on tobacco in drugstores survives San Francisco can enforce its ban on tobacco sales in drugstores, a federal appeals court ruled Wednesday, rejecting a free-speech argument by tobacco giant Philip Morris. The ordinance, the first of its kind in the nation, took effect in October. It prohibits sales of cigarettes and other tobacco products at San Francisco's nearly 60 drugstores. Philip Morris said the ban effectively forced the company to pull its advertising out of the stores, interfering with its constitutional right to communicate with customers. But the Ninth U.S. Circuit Court of Appeals in San Francisco said the city hasn't restricted freedom of expression. The city "limits where cigarettes may be sold; it doesn't prevent (Philip Morris) from advertising," the court said in a 3-0 ruling upholding a judge's denial of an injunction against the ordinance. Even if the measure affects advertising in drugstores, the court added, it does not suppress any ideas or the company's ability to discuss its product. ... Tobacco
ban smolders on The City can continue to ban tobacco sales in pharmacies, after Mayor Gavin Newsom's proposal cleared another legal hurdle Wednesday from the nation's largest cigarette manufacturer. San Francisco became the first city in the nation to ban tobacco sales in pharmacies almost a year ago. The law exempts supermarkets and big-box stores, such as Costco, that contain pharmacies. . . . "I am pleased that the court rejected Philip Morris' attempt to use the First Amendment as a profit-making tool," City Attorney Dennis Herrera said in a statement. Jack Marshall, a spokesman for Philip Morris, said the company is reviewing its options. "While we're disappointed with today's decision, we continue to believe that the purpose and the effect of the ordinance is to suppress communications directed to adult smokers in violation of our constitutional rights," he said. "The ban also unfairly deprives adult consumers of the opportunity to buy tobacco products from legitimate, licensed retail businesses." ... Framingham
considers banning cigarette sales in pharmacies FRAMINGHAM The Board of Health will consider placing a townwide
ban on cigarette sales inside Framingham pharmacies. S.F.'s
Tobacco Sales Ban Hits Ninth Circuit Two attorneys who had both clerked in the Ninth Circuit U.S. Court of Appeals went head to head there Wednesday in a case that pits Philip Morris against the city of San Francisco. The case concerns the city's 2008 ban on the sale of tobacco in city pharmacies. Philip Morris counsel Daniel Collins, of Munger, Tolles & Olson, argued that the city law violates the company's right to advertise its product. In December, U.S. District Judge Claudia Wilken ruled that the ordinance did not violate Philip Morris' First Amendment right. During Wednesday's brief hearing, Ninth Circuit Chief Judge Alex Kozinski poked at Philip Morris' argument, saying that following that logic would mean that any time the government bans the sale of anything, it would become a First Amendment issue. ... Judges
don't buy theory in S.F. tobacco-ban case A federal appeals court appeared to be inclined Wednesday to let San Francisco continue to enforce its ban on tobacco sales in drugstores. A lawyer for Philip Morris argued to a panel of the Ninth U.S. Circuit Court of Appeals in San Francisco that the ordinance, which took effect in October 2008, forced the tobacco company to pull its advertising out of drugstores, interfering with its constitutional right to communicate with its customers. "Retailers will not agree to accept (display ads) for products they can't sell," attorney Daniel Collins said. Even if a store was willing to continue tobacco advertising, he said, "it annoys their customers, tantalizes them," to see ads for products they can't buy. As a consequence, Collins argued, Philip Morris has to pay more to exercise its First Amendment right to advertise its products, because of what he described as the city's hostility to the ads' message. But Judge Procter Hug, part of the three-member court panel, pointed out that the ordinance banned only tobacco sales, and the company had removed the ads on its own. Chief Judge Alex Kozinski noted that advertisers always have to decide how much they're willing to pay to pitch their wares. . . . "The problem with your argument is that any time the government
bans the sale of anything, it becomes a First Amendment issue,"
Kozinski told Collins. ... San
Francisco: Smoking Ads Are Not Free Speech Lawyers for the city of San Francisco told a federal judge Thursday that the city's ban on cigarette sales by pharmacies has nothing to do with free speech. Attorneys for the city made the argument in a brief filed with U.S. District Judge Claudia Wilken of Oakland to oppose a bid by Philip Morris USA Inc. for a preliminary injunction blocking the ban. Philip Morris, the nation's largest tobacco company, claims the ban violates its First Amendment right of free speech by putting an end to cigarette advertising and displays in the pharmacy stores. But city lawyers wrote in their brief, "The sale of a product is conduct, not speech." They said Philip Morris is still free to pay pharmacies to display
tobacco advertisements. ... MOTTA:
Perspective: Needham decision to ban cigarette sales in pharmacies sets
an example In voting to ban the sale of tobacco products at pharmacies and other
health-care facilities within the town, the Needham Board of Health
has taken a giant step for public health. I congratulate the members
for a courageous action that will enhance the health of people of all
ages. This issue is of such importance that the Medical Society is strongly supporting two bills now before the legislature: House Bill 2054 and Senate Bill 813. These bills would restrict the sale of tobacco products at locations where health professionals are employed and assure that no licensed health professionals in Massachusetts are employed in their profession where tobacco products are sold. . . . The Needham Board of Health's action and the proposed state legislation will not end the sale of tobacco products by themselves. But together they send a crucial message to our patients young and old: that physicians and health professionals recognize the dangers of tobacco and are willing to act in what they believe to be the best interests of their personal and public health. The board's action will help to save lives, reduce illness, and contain health-care costs in the commonwealth. ... Needham
bans cigarette sales in pharmacies Needham — Needham pharmacies will soon not be able to sell cigarettes after the Board of Health voted July 14 to approve the ban. The Board of Health voted 2-0 in favor of the ban, with one member absent. The ban will go into effect on Oct. 1. This comes five months after Boston banned cigarettes from pharmacies. The new regulations also include language preventing the sale of noncigarette tobacco products, including “blunt wraps,” to minors. The ban affects three of the four pharmacies in town: the two CVS pharmacies,
with one in Needham Heights and another in the downtown; and Walgreens,
across from Town Hall. The Bird’s Hill Pharmacy on Great Plain
Avenue hasn’t sold cigarettes in years. ... NY
bill would restrict drug store cigarette sales New York could be the first state to ban the sale of cigarettes in drug stores as well as in supermarkets and big-box stores like Wal-Mart that have pharmacies. Measures similar to the bill gaining ground in New York have already been enacted in cities such as San Francisco and Boston, in towns and in parts of Canada. But the bill in Albany would be the first statewide ban, according to Assemblyman Sam Hoyt, a Buffalo Democrat and co-sponsor of the bill. Supporters and opponents say the ban would likely lead to further measures to stop the sale of tobacco products. ... Legal
Consortium files amicus brief in first impression tobacco ... The San Francisco ordinance has survived an initial round of challenges after both Philip Morris and Walgreens requested injunctions to stop enforcement of the ban on selling tobacco products in pharmacies. Both challenges were rejected and the law went into effect Oct. 1, stripping tobacco products from the city’s approximately 60 drug stores. Philip Morris, the nation’s largest tobacco company, immediately appealed the order. The appeal before the Ninth Circuit could take months to resolve. The Legal Consortium’s brief was written by Linda Lye, an experienced appellate attorney at Altshuler Berzon in San Francisco, and was joined by 19 parties, including national medical, public health, and pharmaceutical organizations, such as the American Medical Association, the National Association of County and City Health Officials, the National Association of Local Boards of Health, the American Legacy Foundation, Americans for Nonsmokers Rights, and the Pharmacists Planning Service, Inc., as well as California health organizations, leading groups from Massachusetts concerned about Boston’s new pharmacy ban, and several professors at the University of California at San Francisco, School of Pharmacy. ... Pharmacies
complying with new law that bans tobacco sales Boston inspectors who visited 73 pharmacies during the first week of stringent new tobacco control regulations could not find a single pack of cigarettes on store shelves, the city's health department reported. Last Monday, Boston became the second major US city - San Francisco was the first - to ban tobacco sales at drugstores. . Boston
Bans Cigarette Sales In Drug Stores (CBS) Boston will become the nation’s second city to ban the sale of cigarettes by pharmacies on Monday, as new rules approved by the city’s public health commission take effect. The regulations passed by the commission two months ago also ban colleges from selling tobacco products on campus and will force smoking bars to shut their doors within a decade, reports CBS News correspondent Randall Pinkston. “In 10 years, all smoking bars in Boston should be gone,” Dr. Barbara Ferrer, the commission’s executive director, tells CBS News. There are only 11 left, and the city vows not to license any more. Health officials are especially perturbed at the emergence of half a dozen of hookah bars, which cater to college students and young adults. “Once you get started, quitting is very hard,” Hallet says. “We still have a half a million deaths a year in the country every year that are attributable to the use of tobacco.” Judge
dismisses Walgreens suit over S.F. tobacco ban in drugstores
San Francisco's ban on tobacco sales in drugstores cleared another legal hurdle today when a judge dismissed a suit by Walgreens, which complained about the law's exemption for supermarkets and big-box retail stores that have pharmacies. Judge Peter Busch of San Francisco Superior Court said city supervisors who passed the ordinance were entitled to conclude that selling cigarettes in drugstores, where customers go to improve their health, sends the wrong message to young people about the acceptability of smoking. That was a reasonable basis for prohibiting sales in stores such as Walgreens while allowing them in other stores that have pharmacies, he said. Boston
bans cigarette sales in drug stores but delays cigar bar closings Cigar bars and other swank salons devoted to smoking won a significant though temporary reprieve from Boston health regulators today, who decided that the establishments will face extinction in 10 years instead of the five-year grace period originally proposed as part of sweeping new tobacco control rules. The regulations, approved unanimously by the Boston Public Health Commission, also ban cigarette sales at drugstores and on college campuses in the city and eliminate smoking on the patios of restaurants and bars with outside service. Those restrictions will go into effect in 60 days. The restrictions give Boston among the most stringent antismoking laws in the United States and place it at the vanguard of widening campaigns to reduce cigarette smoking, especially among young people and the poor. While major pharmacy chains and tobacco companies quietly fought the rules, the most fervent opposition emerged from the owners and patrons of cigar bars and hookah lounges, where customers take long drags on flavored tobacco from a communal water pipe. Judge
upholds ban on drugstore tobacco sales San Francisco's ban on tobacco sales in drugstores doesn't violate a cigarette company's constitutional right to advertise its products, a federal judge ruled Friday in rejecting Philip Morris' attempt to halt enforcement of the ordinance. The company said it would appeal. The ordinance "prohibits conduct, tobacco sales, not speech about tobacco," said U.S. District Judge Claudia Wilken of Oakland. Her ruling spelled out her reasons for her decision at a Nov. 6 hearing to deny an injunction against the ban, which took effect Oct. 1. The ordinance, the first of its kind in the nation, prohibits sales of cigarettes and other tobacco products at the city's nearly 60 drugstores. It exempts supermarkets and big-box retail stores that also have pharmacies, the basis of a separate suit by Walgreens claiming unconstitutional discrimination. A San Francisco Superior Court judge denied Walgreens' request for an injunction Sept. 30. |
| Resources | News | Related Research | |
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Kroon, L.A.; Corelli, R.L.; Roth, A.P.; Suchaneck Hudmon, K., "Public perceptions of the ban on tobacco sales in San Francisco pharmacies," Tobacco Control [Epub ahead of print], November 21, 2012. |
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Seidenberg, A.B.; Hong, W.; Liu, J.; Noel, J.K.; Rees, V.W., "Availability and range of tobacco products for sale in Massachusetts pharmacies," Tobacco Control [Epub ahead of print], November 8, 2012. |
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Smith, D.M.; Hyland, A.J.; Rivard, C.; Bednarczyk, E.M.; Brody, P.M.; Marshall, J.R., "Tobacco sales in pharmacies: a survey of attitudes, knowledge and beliefs of pharmacists employed in student experiential and other worksites in Western New York," BMC Research Notes 5: 413, 2012. |
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Seidenberg, A.B.; Behm, I.; Rees, V.W.; Connolly, G., "Cigarette sales in pharmacies in the USA (2005-2009)," Tobacco Control 21(5): 509-510, September 2012. |
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Woodward, A.C.; Henley, P.P.; Wilson, D.J., "Banning tobacco sales in Massachusetts' pharmacies," Journal of the American College of Nutrition 31(3): 145-148, June 2012. |
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Corelli, R.L.; Aschebrook-Kilfoy, B.; Kim, G.; Ambrose, P.J.; Hudmon, K.S., "Availability of tobacco and alcohol products in Los Angeles community pharmacies," Journal of Community Health [Epub ahead of print], June 5, 2011. |