A federal judge has denied the state’s request to dismiss a lawsuit challenging its restrictions on the prescription painkiller Zohydro.
U.S. District Court Judge Rya Zobel on Tuesday also rejected a request by Zogenix, the San Diego-based maker of the drug, to temporarily block enforcement of the requirements until the case is decided.
The company argues that the restrictions are pre-empted by federal law because they represent a “de-facto ban” on a drug already approved by the U.S. Food and Drug Administration for use in cases of severe and chronic pain. The state maintains it has the right to regulate the medical and pharmacy professions within its borders.
The new requirements, among other things, require doctors submit a letter to a patient’s pharmacist prior to prescribing the drug.