The opinion sides with Texas, which the agency blocked from importing an overseas drug needed in executions.
By Laurie McGinley and Laurie McGinley Reporter covering health and medicine Email Bio Follow Mark Berman Mark Berman National news reporter Email Bio Follow May 14 at 8:05 PM The Justice Department on Tuesday posted a legal opinion saying the Food and Drug Administration does not have authority over drugs used in lethal injections, a move sure to draw the ire of death penalty opponents.
The FDA’s role in regulating death-penalty drugs has been hotly disputed in recent years. In 2015, the agency blocked Texas from importing shipments of an anesthetic from an overseas distributor, finalizing the decision two years later. The agency argued the importation was illegal because the drug, sodium thiopental, was not approved in the United States and was improperly labeled.
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