A federal judge barred the use of the drug in March, calling it misbranded, unapproved and illegally imported. All states in possession of the drug were ordered to return it to the FDA.
The current dispute highlights whether the FDA has the authority to allow shipments of sodium thiopental into the country even though the drug is not approved for U.S. use. The group of 15 state attorneys general said in a letter that if the March decision barring the drug stands, they will be forced to seek alternative means for lethal injection. Oklahoma has been using pentobarbital as a substitute sedative, but said this month that it has one dose remaining.
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