State law forces exceptions to $4 drug programs

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ST. PAUL (AP) - With retail giants Target Corp. and Wal-Mart Stores Inc. rolling out programs to sell generic drugs as cheaply as $4 a month, some Minnesota lawmakers want to take a closer look at a Depression-era state law meant to shield small retailers from big chains.

The statute makes it a misdemeanor for retailers to sell merchandise for less than its actual cost, and it's prompted Target and Wal-Mart to carve out some exceptions in their programs, which sell around 300 generic prescription drugs for as little as $4 for a month's supply.

In most states, customers are charged a flat $4 for all the generic drugs included in each retailer's new discount generic drug programs. But in Minnesota and a handful of other states, Target and Wal-Mart are charging more for certain drugs to stay within the law.

Given the push to make medications more affordable, some legislators say Minnesota's law needs a review, though they also express sympathy for the needs of small pharmacies.

"I'd say we need to look at it," said Linda Scheid, DFL-Brooklyn Park, who chairs the Senate's commerce committee. "I'd like to hear kind of a modern rationale for it."

Gov. Tim Pawlenty also thinks it's worth a look.

"We are open to considering a change in the state law," Pawlenty spokesman Brian McClung said.

To stay in compliance with laws in nine states, including Minnesota, Wal-Mart will sell about 55 drugs on its list for $9 per month.

A Target spokeswoman didn't respond to inquiries from the St. Paul Pioneer Press seeking comment. But the newspaper reported Sunday that calls to local pharmacies in the chain suggest the Minneapolis-based retailer will sell about 16 drugs on its list for anywhere from $5 to $20.

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