Criminal Liability for Food Safety Violations: Jensen Farms and the FDA’s Heightened Enforcement Efforts

In early 2010, FDA told Congress that it might increase misdemeanor prosecutions of food industry executives for violations of the federal Food Drug & Cosmetic Act (FDCA).  Consistent with that, on September 26, 2013, Eric and Ryan Jensen, the owners of Jensen Farms, were charged with violating the FDCA by introducing adulterated cantaloupe into interstate commerce, which the government alleges led to a listeria outbreak and 33 deaths.  The misdemeanor charges do not allege any criminal “intent.”   Rather, under the long-standing Park doctrine, FDCA violations alone are sufficient to charge a responsible corporate officer with a misdemeanor, with a potential fine up to $250,000 and a year in federal prison.

This Webinar discusses the current landscape of criminal prosecutions for food safety violations, including:

• The history and evolution of the Park Doctrine
• The latest application of Park in the Jensen Farms case
• How Jensen Farms differs from Peanut Corporation of America and other felony FDCA cases
• How to prepare for the current FDCA enforcement climate

Presenter: Sarah L. Brew, Partner, Faegre Baker Daniels LLP
Moderator: Jason Resnick, Vice President and General Counsel, Western Growers