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Judge Katherine Polk Failla, U.S. District Court for the Southern District of New York (Photo:  Diego M. Radzinschi/ALM)

A first-in-the-nation law passed this year in New York to curb the opioid epidemic by imposing a surcharge on opioid manufacturers and distributors based on the amount of product they sell in the state has been struck down as unconstitutional by a federal judge in Manhattan.

U.S. District Judge Katherine Polk Failla of the Southern District of New York said in a decision Wednesday that a section of the law intended to prevent opioid companies from passing the cost of the surcharge onto its customers violated a section of the U.S. Constitution.

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Dan M. Clark

Dan M. Clark is the Albany reporter for the New York Law Journal. He covers the state Court of Appeals, the state legislature, state regulators, and more. Email Dan anytime at [email protected]

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