An article in Bloombergbusinessweek (February 11,2013) describes efforts by European manufacturers to prevent use of their drugs for lethal injections in US prisons (to enforce the death penalty). Because capital punishment is illegal across Europe, European governments, such as Italy, are requiring guarantees from drug manufacturers that products made in Europe are not used in executions worldwide. Some manufacturers are demanding that wholesalers guarantee they will not resell their drugs, but other intermediaries seemed to have enabled the supplies to continue to be used by US prisons. The Torture Goods regulation in Europe has also been used to impose export controls on sales of European products. But, given the US demand for these products as part of lethal injections, what options do European manufacturers, whose drugs are meant for disease prevention, have to prevent their products from being used ? Given the jurisdiction of European regulators, how can they assist their manufacturers with compliance ? More generally, how can a manufacturer navigate across sovereign governmental rules that may be at odds with each other, while continuing to ensure compliance ?
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