Sunday, January 10, 2010

S.F.'s 20-cent cigarette fee headed to court?

The San Francisco Chronicle reports:
In what has become a familiar scenario, Philip Morris USA has filed a complaint in San Francisco Superior Court over the city's new 20-cent fee tacked onto packs of cigarettes.

The move probably foreshadows a lawsuit - the second time in 18 months the tobacco giant will have sued San Francisco over its cutting-edge cigarette policies. The company said the city's first-of-its-kind ban on cigarette sales in drug stores including Walgreens violated its constitutional rights to advertise its products, but its claim was rejected in court.

Now, Philip Morris and some local retailers say the city's 20-cent charge on cigarette packs, the brainchild of Mayor Gavin Newsom that was implemented Oct. 1, violates state law because voters didn't approve it. The city argues that because it's a fee, rather than a tax, voter approval isn't required.
When worlds lose their means people those their freedom.