News

Appellate Court Affirms Prison Sentences in DeCoster Egg Case

01 August 2016

The U.S. Court of Appeals for the Eighth Circuit has affirmed prison sentences for two senior food company executives as “responsible corporate officers” for the sale of adulterated shell eggs to the public. The decision reinforces the prevailing view that a “responsible corporate officer” at a food company can face criminal liability even without a specific intent or knowledge to violate the law. The defendants were convicted and sentenced to three months in prison for misdemeanor violations of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. § 331(a).

On appeal, they argued that their convictions were unconstitutional on the ground that mens rea—an intent to violate the law—is a necessary predicate for conviction under Section 331(a). Invoking the U.S. Supreme Court’s decision in United States v. Park, 421 U.S. 658 (1975), a splintered panel of the Eighth Circuit disagreed, with the majority holding that a corporate officer is held accountable not for others’ acts or omissions, but for his or her “own failure to prevent or remedy the conditions which gave riseto the charges.” In this way, the majority explained, the FFDCA punishes “neglect where the law requires care.”

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Authored by Joe Levitt & Brian Eyink.