Massachusetts Can't Ban Zohydro, Says Federal Judge

Gov. Deval Patrick's (D) ban on the sale of the painkiller Zohydro ER in Massachusetts has been struck down by a federal judge.

Citing the likelihood of abuse of Zohydro, Gov. Patrick enacted a ban of the drug within Massachusetts after the drug was approved by the U.S. Food and Drug Administration. After Gov. Patrick enacted the ban, the pharmaceutical company that created the painkiller filed a complaint against the governor seeking a declaration the ban was unconstitutional and a temporary restraining order and preliminary injunction to block the ban.

In response to an emergency motion filed by the pharmaceutical company, U.S. District Judge Rya Zobel entered an order holding federal law governing the sale of prescription drugs pre-empts state law; therefore, since Zohydro has been approved by the FDA it can't be banned from the market by Massachusetts, according to a Boston Business Journal report.

Although the judge agreed with Gov. Patrick regarding the ways Zohydro can be misused, she ultimately concluded Massachusetts had obstructed the FDA's congressionally-given charge when it interposed its own conclusion about Zohydro's safety after the FDA had endorsed the drug's safety and effectiveness by approving it, according to the report.

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