Legal Opinion

Pharmaceutical Manufacturers Ass'n v. Whalen

New York Court of Appeals

Decided December 22, 1981PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

In this declaratory judgment action, plaintiffs — manufacturers of brand name drugs, a trade association comprised of such manufacturers, and an association of pharmacists — attack the constitutionality of the “Generic Drug Substitution Law”. (L 1977, ch 776.) In our view, the “Generic Drug Substitution Law” is a reasonable exercise of the State’s police power and is rationally related to the legitimate purpose of safely reducing health care costs. We hold that the challenged law is constitutional and, therefore, affirm the order of the Appellate Division.

Disturbed…

2Cases cited13 opinions

  1. Paul v. DavisSupreme Court of the United States · 1976
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Whalen v. RoeSupreme Court of the United States · 1977
  4. Carey v. Population Services InternationalSupreme Court of the United States · 1977
  5. Minnesota v. Clover Leaf Creamery Co.Supreme Court of the United States · 1981

8 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
  2. Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
  3. Blue Sky Bar, Inc. v. Town of StratfordSupreme Court of Connecticut · 1987
  4. Fagan v. AxelrodNew York Supreme Court · 1990
  5. Krieger v. City of RochesterNew York Supreme Court · 2013

9 more not listed; retrieve them via the Exa API.

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