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MATTER OF C.V.S. PHARMACY WAYNE

116 N.J. 490 (1989)

561 A.2d 1160

IN THE MATTER OF C.V.S. PHARMACY WAYNE, TIMOTHY BROPHY, R.P. PHARMACIST-IN-CHARGE.

The Supreme Court of New Jersey.

Decided August 14, 1989.

Attorney(s) appearing for the Case

Sandra Y. Dick, Deputy Attorney General, argued the cause for appellant, State Board of Pharmacy (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

William I. Strasser argued the cause for respondent, Timothy Brophy (Donohue, Donohue, Costenbader & Strasser, attorneys; William I. Strasser and Frank Covello, on the briefs).

Gordon J. Golum submitted a brief on behalf of amicus curiae New Jersey Pharmaceutical Association (Wilentz, Goldman & Spitzer, attorneys).

Richard B. McGlynn submitted a brief on behalf of amicus curiae New Jersey Council of Chain Drug Stores (Stryker, Tams & Dill, attorneys; Richard B. McGlynn, Mark L. Mucci, and Stephen B. Genzer, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

The sole issue on this appeal is the constitutionality of N.J.S.A. 45:14-12, which provides that it is "grossly unprofessional conduct" for a pharmacist to offer discounts or rebates on the sale of drugs or medication. The Appellate Division found the statute unconstitutional, holding that it did not promote the public health, safety, or welfare, and that it was void for vagueness. 224...

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