Texas Suit Over Death Penalty Drug Faces Steep Odds

Wednesday, May 10, 2017

John Sullivan, a member of Cozen O'Connor's Commercial Litigation department, discusses Texas's uphill battle against the U.S. Food and Drug Administration in Law 360. After the FDA blocked the admission of 1,000 vials of sodium thiopental from a foreign distributor, the state sued the agency at the end of April, claiming that it was overstepping its statutory authority. John views the suit as a broader challenge to the FDA's authority and whether the agency can stop the drug from being used. "Since the attack is at their authority and regulatory agencies usually want to defend their authority and how broad it will be, I suspect they're going to fight this," John said. 

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