In 2016, Thomas DiNapoli, Comptroller of New York State and Trustee of the New York State Common Retirement Fund, a key investor in Akorn, made a declaration in federal court outlining Akorn’s position opposing the misuse of medicines in executions and arguing that the identity of Missouri’s anonymous drug supplier be revealed “so as to provide transparency to Akorn’s shareholders with respect to the efficacy of the Company’s policy and its efforts to restrict the use of its products from being used to conduct or support capital punishment.”

The declaration goes on to state that “shielding the identity of the Missouri Department of Corrections’ supplier of pentobarbital could hamper Akorn shareholders’ efforts to measure, assess and manage investment risk.”