Cook v. Food and Drug Administration
United States Court of Appeals for the District of Columbia Circuit
2013 WL 3799987 (2013)
- Written by Alex Ruskell, JD
Facts
Cook (plaintiff) and other death-row prisoners sued the Food and Drug Administration (FDA) for allowing the import of lethal-injection drugs without reviewing the shipments. One of the drugs used for lethal injections was no longer made in the United States, so the FDA allowed its importation without review in deference to law enforcement agencies. The relevant portion of the Food, Drug, and Cosmetic Act stated that the Secretary of the Treasury must deliver samples of drugs, furnish a list of establishments registered with the FDA, and that drugs made in unregistered establishments that fail testing must be refused admission to the United States. Cook argued that the FDA could not choose to import drugs from unregistered establishments without review. The FDA argued that any enforcement decisions were left up to its discretion. The district court found that the FDA’s drug importation decisions were subject to judicial review, and the FDA appealed.
Rule of Law
Issue
Holding and Reasoning (Ginsburg, J.)
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