Department Sales Co. v. Commission of Pharmacy

This is an action for a declaratory judgment to determine the constitutionality of § 19-242 of the General Statutes, which provides that “[n]o drug retailer shall sell any drugs, medicines, cosmetics, toilet preparations or drug sundries at a price below the manufacturer’s wholesale list price per dozen,” except under circumstances not here in issue.

The complaint alleges that “solely to meet competition or in connection with special opening day promotions, and without intent to injure or destroy competition,” the plaintiff: sold articles in violation of the statute. The defendants have moved…