Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. case brief

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. case brief summary

425 U.S. 748 (1976)

CASE SYNOPSIS

Defendants appealed the judgment of the United States District Court for the Eastern District of Virginia, which held that Va. Code Ann. § 54-524.35 (1974) was void and enjoined defendants from enforcing it.

CASE FACTS
Plaintiffs alleged that Va. Code Ann. § 54-524.35 (1974) violated U.S. Constitutional amendment I and XIV insofar as it provided that a pharmacist licensed in Virginia was guilty of unprofessional conduct if he published, advertised, or promoted any price for prescription drugs. Plaintiffs were an individual Virginia resident, who used prescription drugs on a daily basis, and two nonprofit organizations. Plaintiffs claimed U.S. Constitutional amendment I entitled the user of prescription drugs to receive advertising and promotional information from pharmacists concerning the prices of prescription drugs. Defendants, Virginia State Board of Pharmacy (Board) and the individual Board members, were against commercial advertising of prescription drug information as defendants were concerned with maintaining the integrity of the profession.

DISCUSSION

• The district court declared this portion of the statute void, and enjoined defendants from enforcing it. 
• The court held that a consumer's interest in the free flow of commercial information was protected by the First Amendment, as it was indispensable to well-informed private economic decisions. 
• The court affirmed the judgment of the district court.

CONCLUSION

The court affirmed the judgment.