The Department of Justice’s (DOJ) Office of Legal Council (OLC) released an opinion in May 2019 addressing the Food and Drug Administration’s (FDA) jurisdiction over drugs used in capital punishment. A result of a request by the U.S. Attorney General’s Office, the OLC issued an opinion following years of conflict around the use of sodium thiopental in executions. Most importantly, the OLC concluded that the FDA does not have jurisdiction over such articles, and this opinion raises a number of questions regarding FDA’s jurisdiction in other contexts.
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