Safeway Sues Over San Francisco Tobacco Ban

Safeway Inc. has sued San Francisco over a law banning tobacco sales in stores containing pharmacies, claiming that the law gives an unfair advantage to markets that don't sell prescription drugs.

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.”

A spokesman for City Attorney Dennis Herrera, however, said the suit has no merit.

“We think the lawsuit is frivolous, and we believe the court will dismiss the case,” said Jack Song, Herrera's spokesman.

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