WASHINGTON — Efforts in states to further restrict medication abortion face legal questions over potential conflicts with federal drug regulations.
And experts are noting the potential federal court precedent set in a regulatory case from 2014 in Massachusetts that declared: “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.”
That statement is from a federal district court order that blocked Massachusetts from banning the sale of a prescription painkiller, despite concerns that the drug in question, Zohydro, could lead to addiction and overdose fatalities.