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Consumer Law Keyed to Pridgen, 5th Ed.
Bolger v. Youngs Drug Products Corp.
Citation:
463 U.S. 60 (1983)Facts
Youngs Drug Products Corp. engaged in manufacturing, selling, and distributing contraceptives primarily through chain warehouses and wholesale distributors to retail pharmacists. The company decided to undertake an unsolicited mass mailing campaign to the public consisting of three types of materials: multi-page drugstore flyers promoting various products including prophylactics, flyers devoted exclusively to promoting prophylactics, and informational pamphlets discussing the desirability and availability of prophylactics generally or Youngs’ products specifically. In nineteen seventy-nine, the Postal Service traced an allegation of unsolicited contraceptive advertisement mailing to a Youngs wholesaler and warned that such mailings violated federal law. Youngs contacted the Service, provided copies of proposed mailings, and argued the statute was unconstitutional. The Service rejected this argument, prompting Youngs to file suit seeking declaratory and injunctive relief.
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