Federal Food and Drug Violations (From White-Collar Crime: Fifth Survey of Law, P 843-853, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120569
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 843-853
• Author(s): B E Chernoff
• Date Published: 1989
• Length: 11 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Federal Food, Drug, and Cosmetic Act (FDCA) has two major legislative goals: to protect the health and safety of the public by preventing misbranded, adulterated, or deleterious articles from entering interstate commerce and to sanction those who violate its provisions through the imposition of injunctions and criminal penalties as well as seizure of misbranded or adulterated goods.

Abstract

Case law has established a standard of strict liability for violations of the FDCA's criminal provisions. Therefore, no intent to commit a violation need be proved to obtain a conviction. Defenses employed by defendants to protect against conviction under the Act's criminal provisions are detailed, along with relevant case law. Recent abuses have called for strict enforcement of the statute's criminal penalties. 91 footnotes.