Industry statements

December 2001: “Abbott does not support the use of Pentothal in capital punishment. In fact, [we] communicated with departments of corrections in the United States to request that this product not be used in capital punishment procedures.”

March 2015: “The employees of Akorn are committed to furthering human health and wellness through our vast portfolio of products. In the interest of promoting these values, Akorn strongly objects to the use of its products to conduct or support capital punishment through lethal injection or other means. To prevent the use of our products in capital punishment, Akorn will not sell any product directly to any prison or other correctional institution and we will restrict the sale of known components of lethal injection protocols to a select group of wholesalers who agree to use their best efforts to keep these products out of correctional institutions.”

July 2017: “AuroMedics Pharma LLC is committed to improving the lives of patients treated by healthcare professionals throughout the United States. In order to help make certain that patients have access to our products for their intended uses while ensuring our products are not used in capital punishment, AuroMedics Pharma LLC has implemented distribution controls. In particular, AuroMedics Pharma LLC will not accept orders from correctional facilities and prison systems who intend to use products for lethal injection. AuroMedics Pharma LLC will also request distributors and wholesalers not to sell or distribute these products to facilities which are believed to be using them for lethal injection.”

May 2017: “Baxter is a healthcare company with a stated mission to save and sustain lives. For more than 85 years, we have offered products and therapies that advance patient care. To that end, Baxter has repeatedly expressed its longstanding opposition to the potential use of any of its products in lethal injection protocols for capital punishment, where such use is clearly outside of approved labeling and medical standards of care and directly conflicts with our corporate mission.

Our customer contracts prohibit the use, resale or distribution of our products for capital punishment, while helping to ensure our medically necessary products remain available to clinicians to save and sustain patient lives.”

October 2015: “We do not sell concentrated Potassium Chloride or make it available to any recipient who intends to use it for other than strictly therapeutic applications.

“B. Braun objects to the use of its products in any manner that is not in full accordance with the approved indications. Furthermore, we would like to refer to our Compliance regulations. They apply to our distributors as well”.

March 2016: “[A] a number of manufacturers have informed Cardinal Health that they would no longer permit certain items to be sold to U.S. state prisons, penitentiaries, jails or other incarceration facilities and other customers that they deem ‘unqualified.’ Cardinal Health has agreed to abide by the distribution restrictions set forth in order to remain an authorized distributor for these important products. Cardinal Health no longer distributes these products to state prisons, penitentiaries, jails or other incarceration facilities or other customers defined by the manufacturers as “non-qualified customers.”

October 2018: “Fresenius Kabi opposes the use of our products in lethal injection, and along with other major drug manufacturers, we have established an Authorized Distribution program for certain restricted products.  This program is designed to assure the availability of key medications for patients.  Our medicines play a vital role in patient care. In keeping with our mission of “caring for life,” Fresenius Kabi is committed to distribution controls that help assure restricted products are used for proper medical purposes.

While Fresenius Kabi takes no position on capital punishment, the use of our products for lethal injection is contrary both to our mission and to the FDA-approved indications for, and labelling of, our products.  Fresenius Kabi therefore does not sell, or allow the sale of, certain drugs to prisons or correctional facilities.

The majority of the company’s injectable medicines are manufactured in the United States, however for those made in Europe, the unauthorized use of our medications for lethal injection could also lead to sanctions by the European Union (EU).  This in turn could threaten the U.S. supply of important drugs, potentially putting patients at risk.”

October 2018: “Fresenius Kabi opposes the use of our products in lethal injection, and along with other major drug manufacturers, we have established an Authorized Distribution program for certain restricted products.  This program is designed to assure the availability of key medications for patients.  Our medicines play a vital role in patient care. In keeping with our mission of “caring for life,” Fresenius Kabi is committed to distribution controls that help assure restricted products are used for proper medical purposes.

While Fresenius Kabi takes no position on capital punishment, the use of our products for lethal injection is contrary both to our mission and to the FDA-approved indications for, and labelling of, our products.  Fresenius Kabi therefore does not sell, or allow the sale of, certain drugs to prisons or correctional facilities.

The majority of the company’s injectable medicines are manufactured in the United States, however for those made in Europe, the unauthorized use of our medications for lethal injection could also lead to sanctions by the European Union (EU).  This in turn could threaten the U.S. supply of important drugs, potentially putting patients at risk.”

March 2012: “We at Ganpati Exim are committed to providing access to medicines for the purposes of improving the lives of patients around the world. We are deeply opposed to the use of medicines in killing prisoners and wish to have no part in facilitating capital punishment in the USA or elsewhere. We never indulge in this type of medicines which takes HUMAN LIFE and will never in Future also.”

October 2015: “Gland makes its products to enhance and save the lives of patients worldwide. Drugs that form part of our portfolio are relied upon by doctors and patients in critical care therapies. Gland does not support the use of any of its products for the purpose of capital punishment.”

February 2018: “As a science-led healthcare company, we believe our medicines should be used consistent with our mission to ‘help people do more, feel better, live longer.’

Currently, we are not aware of any GSK products being included in any lethal injection protocol; however, in keeping with our mission, we would be opposed to such a use.”

April 2020: “Henry Schein restricts the sale or other transfer of medications to prisons/correctional facilities for use in lethal injections, based on our manufacturer agreements. The goods Henry Schein sells are intended to be used for their label-approved purposes or applicable standards of care, which do not include human lethal injection.”

June 2018: “Hikma aims to improve lives by providing patients with access to high quality, affordable medicines. Our medicines are used thousands of times a day around the world to treat illness and save lives.

We object in the strongest possible terms to the use of any of our products for the purpose of capital punishment. Not only is it contrary to the intended label use(s) for the products, but it is also inconsistent with our values and mission of improving lives by providing quality, affordable healthcare to patients.

While none of our products should ever be used for the purpose of capital punishment, in the table below, we have identified certain products that carry heightened risk of misuse for lethal injection protocols.  Accordingly, to prevent these products from being used for the purpose of capital punishment, we will not accept orders for these products directly from any Departments of Correction or correctional facilities in the United States, unless accompanied by an original, raised seal copy of an affidavit signed by the state attorney general (or governor), certifying under penalty of perjury that the product(s) will not be used for capital punishment.  Further, we will only sell these same drugs to pre-selected commercial customers who agree that they will not then sell them to Departments of Corrections/correctional facilities, or to secondary distributors or retail pharmacies.

We vigorously monitor the distribution of these products and support industry serialization efforts that will help enhance these controls while continuing to promote our values and mission.

Further, transparency is one of our core values, and as such we object to attempts by any entity, person or state to obscure or hide the source of products for lethal injection. It is imperative that we are not impeded from protecting patient health and the integrity of our products and our supply chain.“

April 2011: “In view of the sensitivity involved with sale of our Thiopental Sodium to various Jails/Prisons in the USA and as alleged to be used for the purpose of Lethal Injection, we voluntarily declare that we as Indian Pharma Dealer who cherish the Ethos of Hinduism (A believer even in non-livings as the creation of God) refrain ourselves in selling this drug where the purpose is purely for Lethal Injection and its misuse.”

April 2017: “Lilly does not supply our medicines for use in lethal injections, and we have not engaged on the issue with state legislators.”

August 2011: “[Lundbeck] is opposed to the use of its products for the purpose of capital punishment. Use of our products to end lives contradicts everything we’re in business to do – provide therapies that help improve people’s lives. Lundbeck adamantly opposes the distressing misuse of our product in capital punishment. Since learning about the misuse we have vetted a broad range of remedies – many suggested during ongoing dialogue with external experts, government officials, and human rights advocates. After much consideration, we have determined that a restricted distribution system is the most meaningful means through which we can restrict the misuse of Nembutal.”

September 2018: “We comply with manufacturer requirements for handling and distributing products. In some cases, we have contracts with manufacturers that restrict the sale of certain medicines to certain customers, such as prison systems and others, for lethal injections. McKesson is committed to helping manufacturers implement their policies in this area. The needs and requirements of manufacturers vary. As a result, our contractual commitments, controls and processes vary by manufacturer. McKesson has processes and systems to enable manufacturers to validate McKesson’s performance against our contractual arrangements.”

September 2020: “Meitheal is dedicated to supplying high quality affordable generic injectables in furtherance of health care providers and patients who depend on them. In light of this mission, Meitheal does not condone the use of its drugs in capital punishment.

Our products are intended solely for use consistent with FDA approved labeling and applicable standards of care. To this end, Meitheal is committed to implementing distribution controls and other measures to ensure that distributors and wholesalers do not resell to prison systems or departments of correction.”

October 2015: “Mylan is committed to setting new standards in healthcare and providing access to more affordable medicines for the world’s 7 billion people. We are dedicated to upholding the highest standards of quality and integrity in everything we do.

Mylan only distributes its products through legally compliant channels. All of its products are intended for prescription by healthcare providers consistent with approved labeling and applicable medical standards of care.

No Mylan products are approved for, labeled for, or marketed for use in lethal injections. Mylan does not distribute products that could be so used to prisons, nor does the company condone its products being distributed by any third party for use outside of the approved labeling or applicable standards of care. Mylan has taken steps to prevent the misuse of its products. Specifically, Mylan has implemented restricted distribution protocols for certain products to help preclude their unauthorized use for capital punishment.

Our distribution restrictions limit the sale of such products to a select group of direct customers and prohibit their resale to correctional facilities for use in lethal injections or to any other unauthorized purchasers. Customers have been informed that if they do not comply with these restrictions, Mylan will no longer supply them with these products. Mylan takes this matter seriously and will continue to work with distributors and other interested parties to ensure that its products are used appropriately.”

November 2011: [Letter from Naari CEO to Chief Justice Heavican of the Nebraska Supreme Court]: “I am shocked and appalled by this news. Naari did not supply these medicines directly to the Nebraska Department of Correctional Services and is deeply opposed to the use of the medicines in executions.”

October 2023: Nexus Pharmaceuticals opposes the use of our products in lethal injections and we are following special distributor programs for certain restricted products. Nexus Pharmaceuticals is committed to distribution controls that help assure restricted products are used for proper medical purposes, as well as ensure that there is availability of key medications for patients, especially when critical market shortages occur.

While Nexus takes no position on capital punishment, the use of our products for lethal injection is contrary both to our commitments to patients and to the FDA-approved indications and labeling of our products.  Nexus, therefore, does not sell or allow the sale of, certain drugs to prisons or correctional institutions.

Our injectable medications are manufactured both in the United States and in Europe; those made in Europe could lead to sanctions by the European Union (EU) for their unauthorized use for lethal injection. This in turn could threaten the U.S. supply of critical-need drugs, potentially putting patients at risk.

May 2014: “Brevital [methohexital sodium] is a medically important anesthetic that physicians and hospital pharmacies have relied upon for more than 50 years. The state of Indiana’s proposed use of Brevital is inconsistent with its medical indications as outlined in its U.S. Food and Drug Administration reviewed and approved product labeling. Brevital is intended to be used as an anesthetic in life-sustaining procedures.

“As a pharmaceutical company, Par’s mission is to help improve the quality of life. The state of Indiana’s proposed use is contrary to our mission. Par is working with its distribution partners to establish distribution controls on Brevital to preclude wholesalers from accepting orders from departments of correction.”

May 2016: “Pfizer makes its products to enhance and save the lives of the patients we serve. Consistent with these values, Pfizer strongly objects to the use of its products as lethal injections for capital punishment.

“Pfizer’s obligation is to ensure the availability of our products to patients who rely on them for medically necessary purposes. At the same time, we are enforcing a distribution restriction for specific products in the same class of drugs that have been part of, or could be considered by some states, for their lethal injection protocols. These products include atracurium besylate, cisatracurium besylate, diazepam, etomidate, fentanyl citrate, hydromorphone hydrochloride, ketamine hydrochloride, midazolam, pancuronium bromide, potassium acetate, potassium chloride, potassium phosphates, propofol, rocuronium bromide and vecuronium bromide.

“Pfizer’s distribution restriction limits the sale of these fourteen products to a select group of wholesalers, distributors, and direct purchasers under the condition that they will not resell these products to correctional institutions for use in lethal injections. Government purchasing entities must certify that products they purchase or otherwise acquire are used only for medically prescribed patient care and not for any penal purposes. Pfizer further requires that these Government purchasers certify that the product is for “own use” and will not resell or otherwise provide the restricted products to any other party.

“Pfizer will consistently monitor the distribution of these fourteen products, act upon findings that reveal noncompliance, and modify policies when necessary to remain consistent with our stated position against the use of our products in lethal injections. Importantly, this distribution system is also designed to ensure that these critical medications will remain immediately available to those patients who rely on them every day.”

July 2020: “The Piramal Group is a values driven organization with a purpose of “Doing Well and Doing Good.” We stay true to our purpose by serving others, making a positive difference, and living our core values.

Within the group, Piramal Pharma is comprised of Piramal Pharma Solutions, Piramal Critical Care and the Consumer Products Division of Piramal Enterprises Ltd. Consistent with the purpose of the group, Piramal Pharma serves patients by making and supplying products that help enhance and save lives, and we do not support or condone the use of any of the products we make or supply in any way that is inconsistent with the approved indications and labeling of the products, including any use in connection with capital punishment.”

February 2018: “At Renaissance, we view the use of Pentobarbital as an agent of lethal injection to be in diametrical opposition to our business of ethically developing and manufacturing high-quality pharmaceuticals to fulfill critical patient needs. Prior to launching the product, we did extensive research on this issue, and consulted with our distributors as well as human rights advocates in order to develop the most comprehensive plan. Based on what we have learned, our distribution system has been upgraded to restrict the misdirection of Pentobarbital manufactured by us with the goal of preventing the misuse of this product.”

October 2017: “Roche is aware of the use of benzodiazepines as part of a drug combination used for executions under the death penalty in the U.S.

Roche did and does not supply Midazolam and Diazepam for use under the death penalty and would not knowingly provide any of our medicines for this purpose. Roche’s focus is on developing innovative medicines and diagnostic tests that help patients live longer, better lives.

Roche discovered Midazolam in the 1970s as a treatment for acute seizures, moderate to severe insomnia, and for inducing sedation and amnesia before medical procedures. Roche discovered Valium in the 1960s as a treatment for anxiety, to relax muscles, to treat trembling, confusional states or anxiety associated with alcohol withdrawal, and/or to treat panic attacks.

In 2004, Roche discontinued the manufacture and distribution of Midazolam in the U.S. for business reasons during a reevaluation of our product portfolio of medicines that are now available from generic manufacturers.”

March 2014: “In order to help ensure that patients have access to our products for use in accordance with the products’ labels but to ensure our products are not used in capital punishment, Sagent is implementing appropriate distribution controls and other measures. In particular, Sagent will not accept orders from correctional facilities and prison systems for products believed to be part of certain states’ lethal injection protocols. Also, each of Sagent’s distributors and wholesalers will be asked to make commitments not to sell or distribute any such products to these facilities.”

February 2011: “Sandoz’s mission is to discover new ways to improve and extend people’s lives. Our purpose is to contribute to society’s ability to support growing healthcare needs by pioneering novel approaches to help people around the world access high-quality medicine. While Sandoz takes no position on the death penalty itself, we object to the misuse of any of our products in the administration of capital punishment. Such misuse is fundamentally contrary to our mission and purpose.

Sandoz sells medicines that have important therapeutic uses, including medicines used in surgical procedures. Certain of these products have been identified by states for use in capital punishment, including some drugs which have never been used before in connection with lethal injections.

As a result, Sandoz has implemented distribution controls designed to prohibit the sale of such medicines to prisons and correctional facilities. Specifically, Sandoz has entered into contractual agreements with distributors stipulating that Sandoz medicines are to be sold exclusively to medical users such as hospitals for use consistent with approved product labeling. In addition, to prevent inappropriate diversion of our products, we have implemented similar contractual restrictions on any entity wishing to purchase such medicines for their own use, e.g., hospital or outpatient clinic.”

Sandoz regularly monitors the distribution of our products to ensure compliance with our distribution controls and will take necessary legal action to ensure the proper use of our medicines.”

2012: “We are aware of the use of Thiopental Sodium in killing of prisoners in USA and have often wondered why the US-Govt. does not simply out-law the practice altogether.”

2020: “Somerset is dedicated to improving and saving patients’ lives.  We object to the use of any of our products in conducting capital punishment by lethal injection. We do not accept orders from correctional facilities and prison systems for products believed to be part of certain states’ lethal injection protocols.  Furthermore, we actively work with our customers to ensure that Somerset products are not used for capital punishment through resale or distribution.”

September 2015: “We currently require our customers to certify that they will prohibit the use and sale of such products to other customers and members that may administer lethal injections or which may sell to facilities that administer lethal injections.”

March 2018: “The use of the family of medicines known as neuromuscular blocking agents, which includes Rocuronium Bromide, is indicated as an adjunct in general anaesthesia and hospital intensive care. These medicines are used every day in all the hospitals around the world for this therapeutic indication and are commercialised by different pharmaceutical laboratories.

TAMARANG firmly opposes that our medicines could be used for a different purpose to that authorised by the health authorities, and thus we are against the use of our medicine Rocuronium Bromide in cases of capital punishment as a component of lethal injections.

From August 2014, our distributor in the USA, X-GEN, has implemented controls in the distribution of the medicine to prevent its supply to penitentiary hospitals in the United States and its use as a component in the lethal injection in cases of capital punishment.”

2020: “Teva’s mission is to improve the lives of patients. We strive to deliver quality medicines to patients around the world, conducting business ethically and acting with integrity.

We strongly oppose the use of Teva medicines as components of lethal injections in cases of capital punishment. We do not sell or distribute medicines to correctional facilities or other customers without prior agreement that they will not knowingly sell or distribute for this purpose.

We do not encourage or promote the use of any Teva medicines for purposes other than their approved indications, and we adhere to all applicable laws and regulations.”

January 2023: “WG Critical Care, LLC is a healthcare company that is dedicated to improving the outcome of patients treated by doctors and other healthcare professionals in critical care facilities throughout the United States.  As such, WG Critical Care does not condone the off-label use or misuse of its drugs including the use of its products to facilitate or aid lethal injections in penal institutions.  Our medicines should be used solely to help improve a patient’s life and should never be used to end a life contrary to the FDA approved indications for and labeling of our products.

WG Critical Care is committed to restricting the distribution of its products to ensure that our injectable drugs are not distributed to penal institutions for use in lethal injections.  WG Critical Care has implemented contractual restrictions to prevent such misuse of our drugs.  These restrictions limit the sale of our products to our direct customers and prohibit their resale to correctional facilities for use in lethal injections or to any other unauthorized purchasers.  WG Critical Care monitors compliance with these resale restrictions and will continue to work with its distributors and other interested parties to ensure that our products are used appropriately.”

August 2020: “The mission of XGen Pharmaceuticals DJB is to provide affordable, necessary medicines to enhance and save the lives of the patients we serve across many therapeutic categories. In fulfilling this mission XGen Pharmaceuticals DJB has always objected and will continue to object to any use of our products in capital punishment. XGen Pharmaceuticals DJB will not accept orders from any correctional institutions. Further, XGen Pharmaceuticals DJB requires written confirmation from our partners that our products will not be resold to any correctional institutions.

We distribute our products in a manner that is consistent with our goal of providing our customers uninhibited access to our products while restricting distribution for capital punishment.”

April 2021: “Zydus products were developed to save and improve patients’ lives. While Zydus takes no position on the death penalty, Zydus objects to the use of its products in capital punishment.”