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Whether the Food and Drug Administration Has Jurisdiction over Articles Intended for Use in Lawful Executions

Date of Issuance:
Headnotes

Articles intended for use in executions carried out by a State or the federal government cannot be regulated as "drugs" or "devices" under the Federal Food, Drug, and Cosmetic Act. The Food and Drug Administration therefore lacks jurisdiction to regulate articles intended for that use.

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Updated May 14, 2019