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The Governor of Massachusetts attempted to ban the sale of Zohydro within the state by declaring a public health emergency, but his order was overturned by a federal judge.
http://www.boston.com/news/local/ma...-painkiller/9kaVOLjUnHitIsXzn1irMK/story.html
Of note:
The state argued that Zohydro would ‘‘exacerbate a severe public health crisis’’ because the narcotic can be easily crushed, then snorted or injected to create an immediate and potentially lethal high.
In her decision, the judge noted the FDA’s approval of the drug in October and said federal law pre-empts Patrick’s emergency order. ‘‘When the Commonwealth interposed its own conclusion about Zohydro ER’s safety and effectiveness by virtue of the ... emergency order, did it obstruct FDA’s Congressionally-given charge? I conclude that it did,’’ Zobel wrote. She said allowing the ban would ‘‘undermine the FDA’s ability to make drugs available to promote and protect the public health.’’ She said the governor’s suggestion that the ban might be lifted if Zogenix created a non-crushable ‘‘abuse-resistant’’ version of the prescription medication would force Zogenix to return to the FDA to seek approval for a drug different from the one that the FDA has already deemed safe.
http://www.boston.com/news/local/ma...-painkiller/9kaVOLjUnHitIsXzn1irMK/story.html
Of note:
The state argued that Zohydro would ‘‘exacerbate a severe public health crisis’’ because the narcotic can be easily crushed, then snorted or injected to create an immediate and potentially lethal high.
In her decision, the judge noted the FDA’s approval of the drug in October and said federal law pre-empts Patrick’s emergency order. ‘‘When the Commonwealth interposed its own conclusion about Zohydro ER’s safety and effectiveness by virtue of the ... emergency order, did it obstruct FDA’s Congressionally-given charge? I conclude that it did,’’ Zobel wrote. She said allowing the ban would ‘‘undermine the FDA’s ability to make drugs available to promote and protect the public health.’’ She said the governor’s suggestion that the ban might be lifted if Zogenix created a non-crushable ‘‘abuse-resistant’’ version of the prescription medication would force Zogenix to return to the FDA to seek approval for a drug different from the one that the FDA has already deemed safe.
