Tim Drake, executive director of the Maine Milk Commission, informed the store that its promotion of getting a seventh gallon of milk free with the purchase of six gallons, is “against the milk commission’s rules and statutes.”
However, I have some question concerning the constitutionality of a state rule that prevents stores from giving away food or charging too little. It could be argued that the state price control is, you must forgive me, utterly unconstitutional. In the state’s favor, this would be subject to a rational basis test that is generally easy for the state to satisfy. New York, for example, retains rent control rules despite the criticism of many economists. However, rental units are generally not coming from other states and forced to comply with such protective laws.
Notably, the store emailed Drake to get permission for the promotion and Drake forwarded the request to the Attorney General’s Office, which appears to have given a take of advisory opinion. After Drake then went on vacation, he heard from Shaw’s competitors objecting to the successful promotion and charging that it is illegal. The state sets a minimum price for milk.
Source: Press Herald
Jonathan Turley