An Examination of Strict Criminal Liability Under the Food, Drug and Cosmetic Act of 1938:
Is It Time For Change?
Breena L. Holt
October 18, 1999
Table of Contents
Part
I:
|
Introduction
|
1
|
Part
II:
|
Evolution of Strict
Criminal Liability in the Food and Drug Industry
|
2
|
Part
III:
|
Case
History
|
12
|
A. The
“Responsible Relation” Standard
|
12
|
|
B. The “Foresight
and Vigilance” Standard and the “Objective
Impossibility” Defense
|
18
|
|
Part
IV:
|
Defenses to Criminal
Charges for Violations of the Act
|
29
|
Part
V:
|
Pros and Cons of Strict
Criminal Liability for Violations of the Act
|
32
|
Part
VI:
|
Criminal Prosecutions
Under the Act
|
36
|
Part
VII:
|
Is Strict Personal
Criminal Liability Necessary to Achieve its Desired
Goals?
|
38
|
A. Corporate Compliance
Program Defense
|
42
|
|
B. Civil Penalties
Rather than Criminal Sanctions
|
47
|
|
C. Negligence
Standard
|
51
|
|
Part
VIII:
|
Conclusion
|
59
|