Expanded Pharmacy Law Passes in San Francisco !

On Tuesday, Sept 21st , by a vote of 7-3, the San Francisco Board of
Supervisors passed an expanded version of its 2008 tobacco-free
pharmacy law.

This legislation, sponsored by Supervisor Eric Mar, eliminated tobacco
retailer licenses for the city's remaining stores with pharmacies which
included Safeway, Lucky and Costco stores.

Click here to read the actual language of the San Francisco ordinance.

Click here to read a newspaper article about the passage of the ordinance.

Click here to read the Boston Public Health Commission's regulation
restricting the sale of tobacco products in the city of Boston.

To read about the lawsuit filed by Philip Morris view or download the
following:

Philip Morris pharmacy brief (Sep 08)
Philip Morris denial of injunction in US District Court (Sep 26, 08)
Philip Morris request for TRO (Sep 08)
Philip Morris brief filed (Oct 23, 08)
Philip Morris brief supplemental portion filed (Oct 23, 08)
Philip Morris pharmacy suit, response from City and County of SF (Oct 08)
Philip Morris appeal to 9th Circuit (Apr 17, 09)
Chronicle update for Philip Morris lawsuit (Aug 13, 09)

To read about the lawsuit filed by Walgreens view or download the
following:

Walgreens brief for Walgreens Pharmacy suit (Sep 9, 08)
Walgreens Pharmacy suit SF City County brief (Sep 25, 08)
Walgreens denial of injunction in California Superior Court (Sep 30,
08)Walgreens Pharmacy Appeal (Apr 17, 09)
Walgreens Court of Appeal brief from SF City and County (Jun 10, 09)
Walgreens reply brief (June 30, 09)

To read about the lawsuit filed by Safeway view or download the
following:

Safeway Complaint (Feb 18, 11)
City Motion to Dismiss Safeway Complaint (April 15, 11)
CMA Amicus to Dismiss Safeway Complaint (April 15, 11)
News Release and Court Order to Dismiss Safeway Lawsuit (July 15, 11)
Pharmacies: Mobilizing to Remove Tobacco
Products from Drug Stores

  1. Tobacco is the leading cause of preventable death in the United States[1] and the leading risk factor contributing to the
    burden of disease in the world’s high income countries[2];
  2. In addition to its health impact, tobacco related death and disease has an economic impact.  In 1999, the economic costs
    of smoking in California were estimated to be $475 per resident or $3,331 per smoker, for a total of nearly $15.8 billion in
    smoking-related costs[3].  Those same costs in 2008 dollars would be $614 per resident or $4,310 per smoker for a total
    of nearly $20.4 billion dollars. [4]
  3. Twenty-three percent of San Franciscans have been diagnosed with high blood pressure[5], and the National Heart Lung
    and Blood Institute’s guidelines for the use of prescription drugs in the treatment of high blood pressure call for smoking
    cessation[6];
  4. Twenty percent of San Franciscans have high cholesterol[7], and the National Heart Lung and Blood Institute’s guidelines
    for the use of prescription drugs in the treatment of high cholesterol call for smoking cessation[8];
  5. The American Diabetes Association’ standards of medical care in diabetes call for smoking cessation[9] in addition to
    prescription drug therapy;
  6. Thirteen percent of San Franciscans have asthma[10], and the National Heart Lung and Blood Institute’s guidelines for the
    use of prescription drugs in the treatment of asthma call for avoidance of tobacco smoke[11];
  7. Through the sale of tobacco products, pharmacies convey tacit approval for the purchase and use of tobacco products
    sending a mixed message to consumers who generally patronize pharmacies for health care services.[12]
  8. In 1970, The American Pharmaceutical Association stated that mass display of cigarettes in pharmacies is in direct
    contradiction to the role of a pharmacy as a public health facility;
  9. The Tobacco Education and Research Oversight Committee for California, as well as the American Pharmacists
    Association, the California Pharmacists Association, and the California Medical Association have called for the adoption of
    state and local prohibitions of tobacco sales in drug stores and pharmacies[13];
  10. A majority (78%) of independently owned pharmacies in California have become tobacco free; however, tobacco products
    are still sold by 94% of chain drugstores[14],[15] ;
  11. Of the independently-owned pharmacies that are tobacco-free, 88% report they have experienced either no loss or an
    increase in business since removing tobacco from their shelves[16];
  12. An overwhelming percentage of California consumers (96.8%) indicate that they would continue to patronize their
    pharmacy or drugstore as often or more often if it stopped selling tobacco products[17];
  13. A large majority (72.3%) of California consumers are opposed to tobacco products being sold in drugstores and nearly
    one-half of California smokers (49.7%) disagree or strongly disagree that tobacco products should be sold through drug
    stores[18];
  14. Only 13.2% of chain drugstore pharmacists are in favor of tobacco products being sold in drugstores[19];
  15. In a 2003-2004 national survey of pharmacy students, only 3.5% were in favor of tobacco sales in pharmacies. These
    findings were aligned with the 2003 resolution of the American Association of Colleges of Pharmacy that encourages
    pharmacy schools to use only experiential sites that do not sell tobacco product[20]; and
  16. Pharmacies and drugstores are among the most accessible and trusted sources of health information among the public.
  17. Clinicians can have a significant effect on smokers’ probability of quitting smoking. [21],[22]
  18. Most health care institutions have adopted policies that have banned tobacco sales and created smoke free
    environments.  In spite of numerous resolutions and recommendations by state and national pharmacy organizations
    calling for pharmacies to not sell tobacco, some community pharmacies continue to sell tobacco products.[23]
  19. A study of 100 randomly selected San Francisco pharmacies found that in 2003, 61% of pharmacies sold cigarettes,
    significantly less compared to 89% of pharmacies in 1976. Most of this decrease was among independently owned
    pharmacies.[24]
  20. In a 2003 study of San Francisco pharmacies’ merchandising of cigarettes, 84% of pharmacies selling cigarettes
    displayed tobacco advertising.[25]
  21. According to the 2007 Rite Aid Annual Report, prescription drugs sales represented 63.7% of total sales in fiscal 2007.[26]
  22. Walgreen’s 2007 Annual Report documented prescription sales as approximately 65% of net sales in 2007.[27]
  23. Pharmacy sales of Safeway have been estimated at 7.5% of annual volume.[28] Costco’s prescription sales generated 1.5
    % of total revenue in 2002.[29]
Findings for prohibiting pharmacies
from selling tobacco products.
Results from the 2007 Castro Street Fair survey
Click here to see two articles: 1)  Jan. 2006 Tobacco Control Journal that discusses
support by pharmacists for tobacco-free pharmacies  2)  Nov 2012 Tobacco Control
Journal that discusses public support, and here to see an archive of articles about
tobacco in San Francisco pharmacies.
If you would like a copy of our new 24-page color
Guide To Tobacco-Free Pharmacies

Please send an email to bob@lgbtpartnership.org or call 415-436-9182
Click here to see a fact sheet about
"Why Grocery and Big Box Stores with Pharmacies Should Also Be Tobacco Free"