Gas-mask maker Dräger joins companies banning products from use in death-penalty supply chain

By James Rogers

'Our products are intended to support, protect and save lives,' Dräger's chairman tells MarketWatch ahead of Alabama's second nitrogen-gas execution

A major gas-mask manufacturer this week said it doesn't want its products used in nitrogen-gas executions, days before Alabama planned to carry out the country's second-ever execution using that method.

The state's execution of Alan Eugene Miller, scheduled for Thursday, was set to mark the second time this year that Alabama has used the controversial execution method. Nitrogen hypoxia, during which a prisoner is forced to inhale pure nitrogen gas, came under intense scrutiny in January when the state executed Kenneth Eugene Smith. Smith was made to inhale nitrogen through a gas mask, causing oxygen deprivation.

The method was expected to quickly cause unconsciousness, followed by death a few minutes later, according to officials. However, Smith appeared conscious for several minutes, the Associated Press reported, with the execution taking 22 minutes.

The American Civil Liberties Union has called the execution method "cruel and inhumane," and the nonprofit Death Penalty Information Center cited witness reports as indicating that Smith "shook and writhed" for at least four minutes before breathing heavily for another few minutes. Alabama's attorney general, meanwhile, chratacterized Smith's execution as a "historic" achievement and said nitrogen hypoxia was "humane and effective."

Alabama, Louisiana, Mississippi and Oklahoma authorize the use of nitrogen hypoxia in executions, but Alabama is the only state with a protocol for its use, according to the DPIC.

'It's not often talked about, but businesses play a hidden role in the modern death penalty - sometimes unknowingly.'Maha Jweied, Responsible Business Initiative for Justice

It was not clear which gas mask or gas supplier Alabama planned to use in Thursday's execution by nitrogen hypoxia. The nonprofit advocacy organization Worth Rises said that the gas mask used by the state of Alabama is manufactured by Allegro Industries, a subsidiary of Walter Surface Technologies, which is owned by Onex Corp. (CA:ONEX), which is based in Toronto.

A number of companies in the industry have issued strong statements saying that their products cannot be used for capital punishment.

From the archives (January 2024): Alabama executes man with nitrogen gas, the first time the method has been used

"Our products are intended to support, protect and save lives," Stefan Dräger, chairman of gas-mask manufacturer Dräger (XE:DRW8), said in a statement provided to MarketWatch ahead of Miller's scheduled execution. "We do not support the use of our products for purposes of capital punishment."

Airgas, which is owned by Air Liquide (FR:AI), said that since 2019 it has publicly articulated its position that supplying nitrogen for the purpose of human execution is not consistent with the company's values. "That position has not changed," the company said in a statement provided to MarketWatch earlier this year. "Airgas has not and will not supply nitrogen or other inert gases to induce hypoxia for the purpose of human execution."

Industrial gas company Linde (LIN) told MarketWatch that it has a longstanding policy prohibiting the sale of its gases for use as an asphyxiant applied to humans. "We do not knowingly sell to third parties nor offer bids on contracts seeking to secure gases for this purpose," the company said in a statement.

Allegro Industries, Walter Surface Technologies, and Onex Corp. did not immediately respond to requests for comment, nor did the Alabama Department of Corrections.

Related: Richard Branson says business leaders must join the fight to end 'brutal' and 'deeply flawed' death penalty

Over the past five decades, the most common execution method in the U.S. has been lethal injection, which is authorized in 28 states and by the federal government, according to the Death Penalty Information Center; electrocution, lethal gas and firing squad are used far less often. In recent years, companies that manufacture drugs and other supplies used in lethal injections have objected to the use of their products in executions.

Alabama's use of nitrogen hypoxia has attracted global attention, with the United Nations human-rights office calling on Alabama state authorities to halt Smith's execution. The Office of the United Nations High Commissioner for Human Rights said that the execution "could amount to torture or other cruel, inhuman or degrading treatment or punishment under international human-rights law."

Alabama was also urged to halt the execution by the Vatican-affiliated Catholic charity Sant'Egidio Community.

A global coalition of business leaders, led in part by Virgin Group and Virgin Galactic Holdings Inc. (SPCE) founder Richard Branson, in recent year has broadly advocated for abolishing the death penalty.

"Business leaders value fairness, good governance, fiscal responsibility and the rule of law - principles the death penalty undermines at every turn," Branson said in a statement provided to MarketWatch. "When companies stand by these values and refuse to let states use their products for executions, it sends a strong message and reminds us just how powerful the business community's moral voice can be. Business leaders everywhere must come together to harness this collective influence and demand an end to the death penalty once and for all."

Three years ago, Branson teamed up with the nonprofit Responsible Business Initiative for Justice to launch Business Leaders Against the Death Penalty. The global campaign has garnered support from hundreds of prominent business figures including former Facebook (META) Chief Operating Officer Sheryl Sandberg, former Bayer AG (XE:BAYN) Chief Executive Werner Baumann and former Unilever PLC (NL:UNA) (UK:ULVR) CEO Paul Polman.

"It's not often talked about, but businesses play a hidden role in the modern death penalty - sometimes unknowingly," Maha Jweied, the CEO of RBIJ, said in a statement. "Whether it's lethal injection, nitrogen suffocation or any other method, states are using products to kill human beings that have been produced and supplied by companies."

See: Richard Branson, business leaders renew call to end 'inhumane' death penalty ahead of scheduled executions

"We commend Dräger for refusing to be complicit in this barbaric system, and we urge others in the medical devices industry to follow suit," Jweied added. "Every time a company steps forward and bars their products from use in executions, we move closer to ending the inhumane practice of capital punishment for good."

Miller's execution is scheduled to be the last of five conducted in the U.S. over the span of one week, following executions in South Carolina on Friday, and in Texas and Missouri on Tuesday.

-James Rogers

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09-26-24 0740ET

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