A fed­eral judge struck down the state’s first-​​of-​​its-​​kind emer­gency ban on Zohydro on Tuesday, saying Mass­a­chu­setts had no authority to over­rule a fed­eral deci­sion to approve the pow­erful, con­tro­ver­sial painkiller.

US Dis­trict Court Judge Rya W. Zobel said in a five-​​page ruling that the Food and Drug Admin­is­tra­tion approved Zohydro after a screening process, in spite of the state’s con­cerns that it could lead to opiate addic­tions, and so the state could not enact an out­right ban sin­gling out the drug.

If the Com­mon­wealth were able to coun­ter­mand the FDA’s deter­mi­na­tions and sub­sti­tute its own require­ments, it would under­mine the FDA’s ability to make drugs avail­able to pro­mote and pro­tect the public health,” Zobel said in her ruling, saying the Supremacy Clause of the US Con­sti­tu­tion gives the fed­eral reg­u­la­tory agency more weight than the state.

She also said the state could not force Zohydro’s maker, Zogenix, to make a crush-​​resistant form of the drug that could not be used by addicts, because that for­mu­la­tion has not been approved by the FDA.

Read the article at The Boston Globe →