A division of Johnson & Johnson, one of the largest pharmaceutical companies in the world, said a medicine its scientists invented more than a half-century ago should not be used to kill prisoners.
At 6 p.m. Thursday, Florida is scheduled to use an anesthetic drug called etomidate, discovered by scientists at Janssen, a division of Johnson & Johnson, in the execution of Mark Asay. Asay was found guilty of two murders committed in 1987. The drug will be used as part of a three-drug cocktail that the state switched to in January, and it will be the first use of etomidate in an execution, according to the Death Penalty Information Center.
"Janssen discovers and develops medical innovations to save and enhance lives. We do not support the use of our medicines for indications that have not been approved by regulatory authorities," Greg Panico, a spokesman for Janssen said in an email. "We do not condone the use of our medicines in lethal injections for capital punishment."
The move is largely symbolic: Johnson & Johnson has never sold etomidate in the United States and divested the product in the rest of the world last year. Etomidate is off-patent and made by multiple generic manufacturers.
The Florida Department of Corrections did not reveal which company is supplying the drug, and such information is traditionally kept secret.
"The Florida Department of Corrections follows the law and carries out the sentence of the court, as laid out in Florida Statute. This is the Department's most solemn duty and the foremost objective with the lethal injection procedure is a humane and dignified process," Michelle Glady, spokesman for the Florida Department of Corrections, said in an email.
But Johnson & Johnson's move adds to a growing chorus from the pharmaceutical industry forcefully opposing the use of its products in lethal injection. Over the past few years, some of the largest drug companies in the world have said they do not condone the use of their products in capital punishment and have outlined policies intended to prevent states from obtaining drugs for such use.
"The American pharmaceutical industry is united in its view that it doesn't want its medicines misused for nonmedical purposes -- and killing prisoners has never been an approved medical purpose," said Robert Dunham, executive director of the Death Penalty Information Center, a nonprofit that has not taken a position for or against the death penalty but has been critical of the way it is administered.
The opposition has helped creates shortages of lethal injection drugs, leading states to scramble to obtain the drug cocktails they need and pursue alternative methods and suppliers. In January, Florida switched from a lethal injection protocol that relied on a drug called midazolam to one that includes etomidate. Several makers of midazolam had previously said they do not sell their products for use in executions, and Pfizer implemented a strict distribution restriction policy to ensure its version of the drug was not used in lethal injection.
"Because of secrecy laws, secrecy practices, the public simply doesn't know why states are doing what they're doing," Dunham said.
Arkansas uses three drugs in its executions: midazolam, vecuronium bromide and potassium chloride.
A Section on 08/23/2017