Healthy Skepticism Library item: 9633

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Unfair sales act upheld
National Association of Retail Druggists Journal 1986 Sep; 108:36-40

Abstract:

The legality of Oklahoma’s sales below cost statute was confirmed by U.S. District Court during the hearing of the Hominy Rexall Drug vs Wal-Mart Stores, Inc. case. Hominy Rexall Drug alleged that Wal-Mart Pharmacies, Inc. advertised and sold prescription drugs and nonprescription drug items at less than costs to the retailer, in violation of the Oklahoma Unfair Sales Act. Wal-Mart countered that state statute was unconstitutional, claiming that the act is ““an impermissible burden on interstate commerce, violates the due process clause, and is preempted by federal antitrust laws.”