No matter how well-intentioned, regulations on business do have negative consequences for consumers. In the case of the new law that restricts the sale of pseudoephedrine by forcing stores to place many cold medicines behind the pharmacy counter, a retail industry official is predicting that consumers may find their choices of medicine limited. The following appears in this Winston-Salem Journal story:
Andy Ellen, the general counsel for the N.C. Retail Merchants Association, said that stores intend to comply with the new law, and many that have already seen similar laws in other states already have moved products like Sudafed behind the pharmacy counter. But he said that some store owners are upset because they have limited storage space in pharmacies.
“The question becomes, do you want me to carry the antibiotic in that spot, or do I carry the Tylenol Cold and Sinus?” Ellen said. And owners of small stores, in particular, will have to decide whether it’s worth the risk to carry cold medicines at all.
“If I mess up, I get up to a $500 fine for a first offense,” Ellen said. “At some point I look at it and have to make a business decision…. I have to sell a lot of that cold medicine to pay a $500 fine.”
