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.
| More Information - Resources |
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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 |
Background paper from UCSF on tobacco in pharmacies.
Walgreens Advertisement
| More Information - News |
| 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. |