A federal judge is scheduled to consider whether Massachusetts' latest attempt to restrict a powerful new painkiller violates the U.S. Constitution.
Zogenix (Nasdaq: ZGNX), the San Diego-based manufacturer of Zohydro, a hydrocodone-based prescription drug, is asking the court Tuesday to halt enforcement of the restrictions until the case is decided. The state Attorney General's office, meanwhile, wants the judge to dismiss the case entirely, arguing states can regulate the medical and pharmacy professions within their borders.
A federal judge has already ruled the state's previous attempt to ban the drug outright was likely unconstitutional.
The rules, which took effect late April and early May, require doctors submit a letter to a patient's pharmacist explaining the diagnoses and treatment plan, while pharmacists must review drug precautions and warnings with the patient.