Plaintiff, National Pharmacies ("National") was a mail-order
pharmacy based in New Jersey, duly licensed under Federal law and
engaged in its business in Puerto Rico. Defendants included a retail
pharmacy association of Puerto Rico (Asociacion), a quasi-public
corporation defending the rights of domestic pharmacists in Puerto Rico
(Colegio), the Secretary of Justice of Puerto Rico, and Secretary of
Health of Puerto Rico. Plaintiff was challenging the constitutionality
of several Puerto Rican statutes that were designed to protect Puerto
Rican pharmacists from extraterritorial competitors. In addition,
several of the defendants in the action had already attacked the
mail-order pharmacy business on another front by bringing the matter
before the Secretary of Health in an administrative proceeding.
Plaintiffs then brought this suit in response to those allegations, and
challenged the protectionist statutes on interstate commerce grounds.
The
statutes in question provided that a pharmacy must be a member of the
Colegio; the pharmacy must register with the Board of Pharmacy; a
pharmacy may be inspected by the Secretary of Health; the pharmacist
must live in the town where his or her business is located; and a
minimum amount of hours that the pharmacist would be present in his
place of business. The court went through a list of different states
and their various regulations upon pharmacies, and noted that if these
statutes were construed against out of state pharmacies, they would
place an undue burden on interstate commerce. Regulation of a learned
profession by either government or trade associations is allowed, so
long as it does not unreasonably impinge on interstate commerce.
The
court began its analysis by determining whether National had standing
to pursue the case in Federal court. The local courts had deferred
ruling on the issue, and the administrative hearing had been stayed. In
turn, the court determined that National did satisfy the standing
requirements. After a determination that Federal law did not preempt
the Puerto Rican statutes, the court discussed the regulation of a
profession when viewed in the context of interstate commerce and
antitrust concerns. The Court held that the Puerto Rican regulation was
subject to both laws.
National
contended that the Puerto Rican statutes which required membership in
the Colegio and registration with the Board of Pharmacy were unlawful
and unconstitutional. The court declined to rule on the validity of
those two statutes stating that plaintiff had failed to adequately
demonstrate the type of impact the statutes had had on them. The court
held that plaintiff’s allegations that the statutes were
"guild-like" were in and of themselves insufficient to
determine the constitutionality of a statute.
The
court also denied National’s contention that the remaining Puerto
Rican statutes at issue were unconstitutional. The Court did, however,
note that the statutes applied only to Puerto Rican pharmacies. The
reasoning behind the Court’s decision is simple: the context of the
statutes would have made them impossibly invalid if the Puerto Rican
Secretary of Health had tried to enforce them the way the defendants
had argued in court. For example, the Secretary could not have the
power to inspect an out-of-state pharmacy, nor would the Puerto Rican
statutes have any effect on the pharmacies of another state.
The
court noted that the statutes at issue had been enacted long before
there was even a phenomenon such as mail-order pharmacies. The court
also determined that National needed to register with the Colegio and
the Board, but that the remaining three statutes had no effect on
National’s operations, and that Puerto Rico could not enforce them
against National.
Summary
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