Sec. 21a-127. (Formerly Sec. 19-241). Illegal advertising. (a) No drug retailer
shall use advertising, whether printed, electronic, audiovisual or display or of any other
nature, which is intentionally inaccurate in any material particular or misrepresents
merchandise, in respect to its use, trademark, grade, quality, quantity, size, origin, material, content or preparation; and no drug retailer shall use advertising or selling methods
which tend to deceive or mislead the customer.
(b) No drug retailer shall use advertising which refers inaccurately in any material
particular to any competitor or his merchandise, prices, values, credit terms, policies or
services.
(c) No drug retailer shall use advertising which lays claim to a policy or a continuing
practice of generally underselling competitors.
(d) No drug retailer shall secretly give anything of value to a customer or to the
employee or agent of a customer for the purpose of influencing a sale or, in furtherance
of a sale, render a bill or statement of account to the employee, agent or customer which
is inaccurate in any material particular.
(e) No drug retailer shall sell or offer for sale any merchandise upon a condition
which involves a lottery, gamble or other element of chance.
(f) No drug retailer shall permit any demonstrator or sales employee whose salary
is wholly or partially paid by a manufacturer or distributor to work in his establishment
unless such demonstrator or sales employee is clearly and openly identified as the agent
of such manufacturer or distributor.
(1949 Rev., S. 3958; P.A. 73-480, S. 1, 4.)
History: P.A. 73-480 deleted radio advertising and added electronic and audio-visual advertising in Subsec. (a); Sec.
19-241 transferred to Sec. 21a-127 in 1983.
Sec. 21a-128. (Formerly Sec. 19-242). Unfair competition. No drug retailer shall
sell any drugs, medicines, cosmetics, toilet preparations or drug sundries at a price below
the manufacturer's wholesale list price per dozen; nor, in the case of biologicals or other
of the above-mentioned products which are not customarily sold in dozens or greater
lots, sell such products at less than the manufacturer's wholesale list price per unit.
Notwithstanding the provisions of the preceding sentence, any drug retailer may sell at
less than the prices specified above, imperfect or actually damaged merchandise or
bona fide discontinued lines of merchandise, if advertised, marked and sold as such;
merchandise sold upon the complete final liquidation of any business; merchandise sold
or donated for charitable purposes or to unemployment relief agencies and drugs or drug
sundries sold to physicians, dentists, veterinarians or hospitals, but not for the purpose
of resale by them.
(1949 Rev., S. 3959.)
History: Sec. 19-242 transferred to Sec. 21a-128 in 1983.
Annotations to former section 19-242:
Allegations of intent in pleadings proper in action to determine constitutionality of this section. 26 CS 426.
As applied to toilet preparations or drug sundries, this is a price-fixing statute not lying within broad discretion of
legislature under police powers and, since elements necessary to sustain constitutionality are not met, defendant's conviction
violated his rights under due process provisions of federal and state constitutions. 3 Conn. Cir. Ct. 486-491. Statute is
penal and must be strictly construed. Id., 490.