NCJ Number
120569
Journal
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 843-853
Date Published
1989
Length
11 pages
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.