IUA model clauses on lethal injection drug supply released
28 October 2026
The International Underwriting Association (IUA) Clauses Committee has recently published two new model clauses in response to concerns from market participants about exposures arising from the use of drugs and pharmaceutical substances in the commissioning of capital punishment sentences. IUA 02-038 is an absolute exclusion whilst IUA 02-039, requires insureds to take reasonable steps to implement controls to mitigate the prospect of their products being acquired or used for the purposes of capital punishment, failing which the exclusion applies.
The IUA’s Commentary, published to accompany the model clauses, explains how pharmaceutical manufacturers have sought to withdraw their products from use in executions and that as a result, some US departments of corrections have sought to source substances (many of which are controlled substances) through unregulated channels. The lack of transparency in the supply chain associated with this activity, together with a number of botched executions have made news headlines recently.
The IUA have articulated the particular concern for insurers and their insureds as follows, “The procurement, preparation, compounding, dispensing and distribution of such products for use in capital punishment has generated significant legal, regulatory and professional practice concerns. In particular, questions have arisen regarding compliance with pharmaceutical licensing, prescription, compounding and controlled substances requirements, together with applicable professional standards governing the manufacture and supply of medicines”.
The two model clauses
IUA 02-038 - Drugs and Pharmaceutical Substances Exclusion
IUA 02-039 - Drugs and Pharmaceutical Substances Clause
Authors
Joanna Wallens
Associate
Key contacts
Tim Johnson
Partner
tim.johnson@brownejacobson.com
+44 (0)115 976 6557
Contact Tim
Tamsin Hyland
Partner
tamsin.hyland@brownejacobson.com
+44 (0)330 045 1119
Contact Tamsin
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