NCJ Number
138661
Journal
FBI Law Enforcement Bulletin Volume: 61 Issue: 9 Dated: (September 1992) Pages: 16-19
Date Published
1992
Length
4 pages
Annotation
This article provides police with background information on product tampering, discusses its rate of occurrence in the United States, examines legal jurisdiction in product tampering cases, and suggests how consumers can reduce the possibility of becoming victims of product tampering.
Abstract
As a result of the 1982 case of adulterated Tylenol that killed seven people, the Food and Drug Administration (FDA) developed regulations that require tamper-evident packaging on all over-the-counter drugs and certain cosmetics. These regulations became effective in 1983. Also, in 1982 Congress passed the Federal Anti- Tampering Act, which authorizes the Federal Bureau of Investigation (FBI) to investigate cases of product tampering. Based on the number of cases with which the author is familiar, in addition to the 1,700 reported, the number of cases of possible product tampering annually is approximately 1,800. Approximately 500 of these are serious claims, and of these 500 complaints, case investigators confirm approximately 11 percent as product tampering. Prompt, efficient response in the preservation of evidence is critical to ultimate success in the resolution of cases. On the Federal level, the FBI has jurisdiction in tampering cases under Title 18 U.S. Code, Section 1365. Most of the cases prosecuted at the Federal level result in prison terms that range from 18 months to life. State and local police departments are often in a position to initiate cases of product tampering, because they respond immediately to a potential problem. These agencies must then turn to the FBI and the FDA for assistance to determine whether a specific item has actually been tampered with and whether it contains a foreign substance. The protective effectiveness of tamper- evident packaging finally depends on consumer vigilance in examining the packing of the product they are about to consume. If consumers detected even half of the packages that could harm them, the probability of injury could decrease to 1 in 6 million. 8 notes