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IN THE MATTER OF BD. OF PHARM. DEC. TO PROH. THE USE OF ADV.

191 N.J. Super. 7 (1983)

465 A.2d 522

IN THE MATTER OF THE BOARD OF PHARMACY DECISION TO PROHIBIT THE USE OF ADVERTISEMENTS CONTAINING COUPONS FOR PRESCRIPTION DRUGS. SUPERMARKETS GENERAL CORPORATION, APPELLANT, AND CONSUMER VALUE STORES (CVS) A DIVISION OF MELVILLE CORPORATION, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Robert G. Rose argued the cause for appellant Supermarkets General Corporation (Pitney, Hardin, Kipp & Szuch, attorneys; Hal R. Crane, of counsel; Robert G. Rose and Evelyn R. Storch, on the briefs).

William I. Strasser argued the cause for appellant Consumer Value Stores (Donohue, Donohue, Costenbader & Strasser, attorneys; William I. Strasser, of counsel and on the briefs).

Douglas J. Harper, Deputy Attorney General, argued the cause for respondent Board of Pharmacy (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Thomas H. Shar, Deputy Attorney General, on the brief).

Before Judges MILMED, MORTON I. GREENBERG and FURMAN.

PER CURIAM.

Appeal is brought pursuant to R. 2:2-3(a)(2) from a declaratory ruling of the State Board of Pharmacy that "the issuance and redemption of pharmacy prescription coupons does constitute a violation of N.J.S.A. 45:14-12(f)." The declaratory ruling was in response to inquiries from pharmacists as to the legality of coupon advertising of prescription drugs providing for a rebate in purchase price upon redemption of a coupon.

N.J.S...

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