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PHARM. MFR v. WHALEN

54 N.Y.2d 486 (1981)

Pharmaceutical Manufacturers Association et al., Appellants, v. Robert P. Whalen, as Commissioner of Health, et al., Respondents. National Retired Teachers Association et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Martin I. Shelton, Joseph Ferraro and Mark E. Davidson for appellants.

Robert Abrams, Attorney-General (Shirley Adelson Siegel and Peter G. Crary of counsel), for respondents.

Lawrence I. Brandes and Alfred Miller for intervenors-respondents.

Lewis B. Oliver, Jr., for New York Public Interest Research Group, intervenor.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

In this declaratory judgment action, plaintiffs — manufacturers of brand name drugs, a trade association comprised of such manufacturers, and an association of pharmacists — attack the constitutionality of the "Generic Drug Substitution Law". (L 1977, ch 776.) In our view, the "Generic Drug Substitution Law" is a reasonable exercise of the State's police power and is rationally related...

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