Walgreen Co. v. City and County of San Francisco, et al.

A pharmacy challenged the constitutionality of a city ordinance that was enacted to disassociate tobacco products from the health-promoting perception of pharmacies by prohibiting the sale of tobacco products in retail stores containing a pharmacy.  The plaintiff claimed that exemptions from the restriction for grocery stores and for stores occupying an area greater than 100,000 square feet violated the constitutional guarantee of equal protection for lack of a rational basis.  Upon appeal, the Court held that the pharmacy's pleadings demonstrated that the disparate treatment of retail establishments lacked a rational basis, noting that all establishments that sold tobacco products and hosted a pharmacy presented the same danger of causing an association between tobacco and health promotion.  The Court overturned the trial court's ruling in favor of the defendants and remanded the case for continued proceedings at the trial level.


Walgreen Co. v. City and County of San Francisco, et al., 185 Cal. App. 4th 424, Court of Appeals of California (2010).

  • United States
  • Jun 8, 2010
  • Court of Appeals of California, First District, Division Three


Plaintiff Walgreen Co.


  • City and County of San Francisco
  • Others

Legislation Cited

San Francisco City Ordinance Number 194-08

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product