Jump to full article: San Francisco Chronicle, 2009-10-15
Author: Bob Egelko, Chronicle Staff Writer
Intro: A state appeals court has upheld a San Francisco jury's award of $2.85 million in damages to the family of a woman who died of lung cancer after smoking cigarettes for 27 years, ruling that she relied on tobacco companies' claims that their products were safe.
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.
Another panel of the state appeals court ruled Wednesday in favor of the family of Leslie Whiteley, who sued R.J. Reynolds and Philip Morris before her death in 2000 at age 40.
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