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statuteappellantappellee

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Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S.Ct. 1817, 48 L.Ed.2d 346, 1976-1 Trade Cases P 60,930, 1 Media L. Rep. 1930

Facts

Consumers of prescription drugs challenged a Virginia statute that prohibited licensed pharmacists from advertising drug prices, claiming it violated their First and Fourteenth Amendment rights. The District Court ruled in favor of the consumers, declaring the statute void and enjoining its enforcement. The case was then appealed to the Supreme Court, which addressed the constitutionality of the statute and the rights of consumers to receive price information.

Appellees, as consumers of prescription drugs, brought suit against the Virginia State Board of Pharmacy and its individual members, appellants herein, challenging the validity under the First and Fourteenth Amendments of a Virginia statute declaring it unprofessional conduct for a licensed pharmacist to advertise the prices of prescription drugs.

Issue

Did the Virginia statute prohibiting pharmacists from advertising prescription drug prices violate the First and Fourteenth Amendments?

Did the Virginia statute prohibiting pharmacists from advertising prescription drug prices violate the First and Fourteenth Amendments?

Rule

The First Amendment, applicable to the states through the Fourteenth Amendment, protects commercial speech, including advertising of prescription drug prices. The state cannot justify restrictions on truthful advertising based on maintaining professionalism among pharmacists when such restrictions keep the public uninformed about lawful pricing.

Any First Amendment protection enjoyed by advertiser seeking to disseminate prescription drug price information was also enjoyed and could be asserted by consumers of prescription drugs. U.S.C.A.Const. Amends. 1.

Analysis

The court found that the consumers had standing to assert First Amendment protections, as the right to receive information is integral to free speech. The statute's ban on advertising was deemed excessive, as it completely suppressed truthful information about lawful activities. The court emphasized that the state's interest in professionalism could not justify the infringement on consumers' rights to access price information.

The ban on advertising prescription drug prices cannot be justified on the basis of the State's interest in maintaining the professionalism of its licensed pharmacists; the State is free to require whatever professional standards it wishes of its pharmacists, and may subsidize them or protect them from competition in other ways, but it may not do so by keeping the public in ignorance of the lawful terms that competing pharmacists are offering. Pp. 1828-1830.

Conclusion

The Supreme Court affirmed the District Court's ruling, holding that the Virginia statute violated the First and Fourteenth Amendments by restricting the advertising of prescription drug prices.

The Virginia statute barring advertisement of prescription drug prices violated First and Fourteenth Amendments and could not be justified on basis of state's interest in maintaining professionalism of its licensed pharmacists.

Who won?

The consumers of prescription drugs prevailed in this case, as the court recognized their right to receive information about drug prices under the First Amendment. The court emphasized that the ban on advertising was not justified by the state's interest in maintaining professionalism among pharmacists, as it effectively kept the public in ignorance about lawful pricing options. The ruling underscored the importance of free flow of commercial information for consumers, particularly those who are vulnerable, such as the sick and elderly.

The consumers of prescription drugs prevailed in this case, as the court recognized their right to receive information about drug prices under the First Amendment. The court emphasized that the ban on advertising was not justified by the state's interest in maintaining professionalism among pharmacists, as it effectively kept the public in ignorance about lawful pricing options.

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