DC Circ. Affirms Execution Drug Import Ban

Law360, New York (July 23, 2013, 3:02 PM EDT) -- The D.C. Circuit on Tuesday affirmed a lower court's order blocking the U.S. Food and Drug Administration from allowing the importation of an unapproved anesthetic for use in lethal injection executions, saying it had a mandatory duty to enforce the Food, Drug and Cosmetic Act.

The ruling was a win for a group of death row prisoners who claimed the FDA's decision to allow unapproved, foreign sodium thiopental imports could subject them to subpar anesthesia prior to their executions and violates the FDCA. The appeals court...
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