Tuesday, December 08, 2015

Is Walgreens Violating SF's Anti Tobacco Law?

I've reached out to Barbara Garcia, chief of the City health department, with this request for an investigation and expect a response before the week is over:

Dear Barbara Garcia,

There is a potential violation of San Francisco's law banning the sale of tobacco products at pharmacies that I wish to report for investigation.

The Walgreens pharmacy inside the Westfield Mall on Market Street is selling cigarettes. I'm attaching a photo snapped over the weekend at the pharmacy, showing a sales associate at cash register and behind him are packs of smokes for sale.

My interpretation of the law, http://2gahjr48mok145j3z438sknv.wpengine.netdna-cdn.com/wp-content/uploads/SF-Health-Code-Article-19J-Sec-1009.92-2008.pdf, is that this Walgreens outlet is non-compliant with the statute.

Questions must also be asked if the anti tobacco law is being violated not just by the leasee, Walgreens, but also by the landlord of the property, the Westfield Corporation.

If your department finds the pharmacy in violation, should you also pin the violation on the mall owners?

Please task your tobacco abatement program staff to look into this and communicate their findings with me.

I'm copying folks at both firms on this request for a health department investigation.


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