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NCJRS Abstract

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NCJ Number: 120569 Find in a Library
Title: Federal Food and Drug Violations (From White-Collar Crime: Fifth Survey of Law, P 843-853, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:843-853
Author(s): B E Chernoff
Date Published: 1989
Page Count: 11
Type: Legislation/Policy Analysis
Format: Article
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.
Main Term(s): Consumer protection laws
Index Term(s): Criminal responsibility; Federal Code; Federal Food, Drug, and Cosmetic Act; Products liability; White collar crime
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