Cook v. FDA and the importation and release of lethal injection drugs

In Cook v. FDA,1 the US Court of Appeals for the District of Columbia Circuit unanimously affirmed a March 2012 decision by the DC District Court permanently enjoining the Food andDrug Administration (FDA) from permitting the entry of foreign manufactured sodium thiopental (thiopental) into interstate commerce. The decision is a serious setback for the FDA’s use of its enforcement discretion.Cookmay also limit the FDA’s ability to import unapproved drugs to alleviate shortages, and could affect lethal injection litigation in dozens of states.