STORY FROM: Drugs & Medical Devices

Plaintiff Cannot Enforce Controlled Substances Act Against Opioid Maker, N.Y. Judge Rules

NEW YORK — A private citizen has no standing to assert a negligence claim against an opioid manufacturer under the Controlled Substances Act or its state law equivalent, a New York judge has ruled, noting that neither statute provides a private right of action.

In a Nov. 30 order, Judge Bernard Graham of the Kings County Supreme Court further held that the statutes do not compel drug manufacturers to stop or restrict distribution of their drugs. Rather, they merely require the drug makers to collect and record data and make reports to federal and state agencies.

In April 2017, the ...

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