
The plaintiff, a New
Jersey company dealing in mail-order prescription drugs, brought suit
challenging the validity of several Puerto Rico statutes regulating the
licensing and sale of prescription drugs in Puerto Rico. The overseers
named as defendants in the action were the Secretary of Health, a
quasi-public regulatory corporation of Puerto Rico, and an association
of retail pharmacies in Puerto Rico. The court noted that states have
broad powers to license a profession such as a pharmacy, but such
regulation is still subject to the commerce clause. The court did also
note, however, in an older case, that association memberships of a
learned profession did affect interstate commerce. (Boddicker v.
Arizona State Dental Association, 549 F.2d 626 (9th Cir.
1977))
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