Judge Finds NY's $600M Opioid Surcharge Unconstitutional

By James Nani (December 19, 2018, 6:56 PM EST) -- New York's $600 million fee on the sale of opioids into the state unconstitutionally prohibits pharmaceutical companies from passing the cost onto consumers, a federal judge said Wednesday in halting payments to the state ahead of a Jan. 1 deadline.

A federal court found New York's opioid fee law unconstitutional because the law's refusal to allow manufacturers to pass along the fee's cost to customers violated the dormant commerce clause. (AP) The U.S. District Court for the Southern District of New York found the "pass-through prohibition" of the law unconstitutional because it violated the dormant commerce clause of the U.S. Constitution...

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