CHAPTER 419
RETAIL DRUG CONTROL ACT

Table of Contents

Sec. 21a-126. (Formerly Sec. 19-240). Definitions.
Sec. 21a-127. (Formerly Sec. 19-241). Illegal advertising.
Sec. 21a-128. (Formerly Sec. 19-242). Unfair competition.
Secs. 21a-129 to 21a-134.

      Sec. 21a-126. (Formerly Sec. 19-240). Definitions. The following terms shall have the following meanings, when used in this chapter, unless the context otherwise indicates:

      (1) "Retail drug trade" means the selling to the consumer, not for the purpose of resale, of any form of drugs, medicines, cosmetics, toilet preparations, drug sundries or allied articles, but shall not include the dispensing of drugs, medicines and medical supplies by a physician, dentist, surgeon or veterinary in the legitimate practice of his profession;

      (2) "Drug retailer" means any individual, firm or corporation engaged wholly or partially in the retail drug trade;

      (3) "Retail drug establishment" means any store or department of a store engaged in the retail drug trade;

      (4) "Drug" means any substance or preparation, except soaps, intended for external or internal use in the cure, mitigation, treatment, remedy or prevention of disease or ailment in man or any other animal, and any substance or preparation intended to affect the structure or function of the body of man or any other animal, not including food, but including medicinal or quasi-medicinal preparations;

      (5) "Cosmetics" and "toilet preparations" mean toilet articles and perfumes, toilet waters, face powders, creams, lotions, rouges, shaving creams, dentifrices, bath salts and all other similar preparations and substances, except soaps, designed and intended for application to the person for the purpose of cleansing, improving or changing in any way the appearance of the person, or of refreshing or preserving the person;

      (6) "Drug sundries" means such articles as are used in conjunction with, but not included in, drugs, cosmetics or toilet preparations;

      (7) "Manufacturer's wholesale list price" means the manufacturer's published wholesale price or, if there is no such published or list price, the invoice price, exclusive of all discounts, of the wholesaler to the retailer.

      (1949 Rev., S. 3957; 1963, P.A. 319.)

      History: 1963 act added Subsec. (g); Sec. 19-240 transferred to Sec. 21a-126 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators for consistency with general use elsewhere in general statutes.

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      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.

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      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. Statute is penal and must be strictly construed. Id., 490.


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      Secs. 21a-129 to 21a-134. Reserved for future use.

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