U.S. District Judge Richard Leon said that the FDA violated its policies by allowing sodium thiopental into the country without first ensuring its safety and effectiveness. Mr. Leon called the anesthetic a misbranded and unapproved drug, ordering Arizona, California, Georgia, South Carolina and Tennessee and any other states in possession of the drug to return it to the FDA.
“Prisoners on death row have an unnecessary risk that they will not be anesthetized properly prior to execution,” Mr. Leon wrote.
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