Mifepristone, preemption, and public health federalism.

"To return to the opioid treatment agreement example, as previously noted, FDA recommends use of an opioid treatment agreement, and CDC, likewise, recommends use. See Tuesday M. MacAuliff Staehler & Laura C. Palombi, Beneficial Opioid Management Strategies: A Review of the Evidence for the Use of Opioid Treatment Agreements , 41 Substance Abuse 208 (2020). See also Joshua B. Rager & Peter H. Schwartz, Defending Opioid Treatment Agreements: Disclosure, Not Promises , 47 Hastings Center Rep . 24, 25 (2017) (describing the ethical basis for the use of opioid treatment agreements as ‘not to justify the system of monitoring and supervision but instead to disclose its requirements to patients’). Cf. Jose M. Fernandez & Jayani Jayawardhana, The Effect of Pill Mill Legislation on Suicides , Health Servs . Res . (published online 2022; forthcoming in print) (reporting study results ‘indicat[ing] that pill mill legislation has been effective in reducing total suicides among females in the age group 45–64, and drug-related suicides in the population’). DISCLOSURES Prof. Zettler reports consulting for the World Health Organization, US FDA, and Hopewell Fund and serving as an expert witness retained by the Direct Purchaser Class Plaintiffs in In re Suboxone Antitrust Litigation, No. 2:13-MD-2445 (E.D. Pa) and the Direct Purchaser Class, End Payor Class, and Retailer Plaintiffs in In re Opana Antitrust Litigation, No. 14cv-10150 (N.D. Ill.). Dr. Sarpatwari reports having served as an expert witness retained by the American Civil Liberties Union in American College of Obstetricians and Gynecologists v. United States Food and Drug Administration, No. TDC-20-1320 (D. Md). Ms. Beckmeyer and Ms. Brown report no conflicts."

"FUNDING Dr Sarpatwari’s work is supported in part by Arnold Ventures."