Public records obtained by the ACLU now show that the Food and Drug Administration, which has publicly stated they have nothing to do with drugs used for executions, helped at least one state acquire sodium thiopental, an anesthetic used during executions. Email correspondence between Arizona and California prison officials indicates the FDA suggested that a supply of the drug, “be processed expeditiously to us as it was for the purpose of executions and not for use by the general public.” The release of this information, coupled with the FDA’s insistence they have no authority to test the drug for quality, has led to a federal lawsuit challenging the use of untested, oversees drugs.

Sodium thiopental has been in short supply since the sole U.S. manufacturer, Hospira Inc., stopped making the drug last year, citing “supplier issues.” Records confirm that Tennessee scrambled to find more sodium thiopental after lending small amounts to Georgia and Arkansas. These records also show that Tennessee eventually imported the drug from a British supplier and that the shipment came in only two days prior to a pending execution.

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