April 14 (UPI) -- An Illinois drug company in court filings alleged the state of Arkansas improperly obtained its potassium chloride for use in seven upcoming executions despite the manufacturer's express prohibition against sales of the drug for that purpose.
Fresenius Kabi, based in Lake Zurich, Ill., manufactures potassium chloride, one of the three drugs commonly used in states' lethal injection protocols. The company filed an amicus brief supporting the appeal filed on behalf of the seven Arkansas death row inmates set to be executed between Monday and April 27. In it, they provide the court with two product labels that were redacted before being released publicly.
Fresenius did not directly accuse the state of finding a middle man to purchase the drug, but noted it would not have sold it directly to any state's corrections department because of the common knowledge it would likely be used for lethal injections.
"If the state of Arkansas has obtained Fresenius Kabi-manufactured potassium chloride to use in capital punishment -- as appears to be the case -- it would have been contrary to and in violation of the company's contractual supply-chain controls," the company noted in the filing.
Many states have run into a problem maintaining stocks of potassium chloride and the other drugs used in lethal injections because the manufacturers have raised ethical and legal issues, and refused to sell the drugs if they know the customers will use them to put a person to death.
Fresenius told a federal district court hearing legal challenges to the seven planned executions there are real risks to public health if drugs meant to save lives are instead misused and diverted from the public health system to put inmates to death.
Arkansas has scheduled the seven executions before the end of the month, when their existing supply of potassium chloride and another drug, midazolam, are set to expire.
