Price Chopper says ad limit is senseless Grocer that offers fuel deals sues state over rule on prescriptions By CATHLEEN F. CROWLEY, Staff writer Published 09:40 p.m., Wednesday, December 28, 2011
Buying Ambien or amoxicillan at Price Chopper may save you a few cents at the gas pump, but the grocery store isn't allowed to advertise that.
Price Chopper filed a federal lawsuit on Friday suing New York state for blocking marketing efforts for its popular Fuel AdvantEdge program, a discount that gives shoppers 10 cents off each gallon of gas purchased at Sunoco for every $50 spent at Price Chopper.
Investigators from the state Education Department demanded that Price Chopper remove promotional materials that stated prescription drug purchases applied toward the fuel discount. The state contended it violated a regulation that bans pharmacists and other medical professionals from advertising "bonuses and inducements."
"We see no rationale for such an exclusion and we question what public benefit it serves," said Mona Golub, spokeswoman for Price Chopper.
The Department of Education, which regulates pharmacists, dentists and other health professions, refused to comment on the lawsuit or the rule.
More than 95 percent of people in the Greater Capital Region have a Price Chopper AdvantEdge card, according to the company. About 25,000 use the gas program each day, saving an average of $8 on a 13.5 gallon fill-up.
Most purchases at Price Chopper count toward the discount except alcohol, tobacco, lottery tickets and a few other items. State regulation does not prevent the supermarket from applying prescription drug purchases toward the discount, only advertising it.
Price Chopper removed the statements like "your paid prescription co-pay is included in the program" from advertising, brochures and its web site, but filed a lawsuit in the U.S. District Court, Northern District of New York. The suit does not seek money damages other than attorney fees.
The lawsuit says the state is violating the company's First and Fourteenth Amendment rights of protected commercial speech, and prohibiting "truthful information regarding lawful price rebates."
"Nothing like this exists in any of the other five states in which we operate," Golub said. The company also has stores in Massachusetts, Vermont, Pennsylvania, Connecticut and New Hampshire........................>>>>.............................>>>>.........................Read more: http://www.timesunion.com/loca.....80.php#ixzz1hv7bWxCN
OMG.....REALLY......this is what we pay our nanny state for......really......WASTING OUR $$$$$$$$$$$$$$$$$$$....WASTING WASTING WASTING.....STUPID STUPID STUPID......
no wonder there is gnashing of teeth......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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