Violations of the Federal Food, Drug, and Cosmetic Act

The Federal Food, Drug, and Cosmetic Act prohibits misbranding and adulterating food and drugs that circulate within interstate commerce. The Act was first enacted in 1906. Numerous parties may be charged with violating the Act. The parties that may be charged with violating the Act include:

• Individuals.
• Corporations.
• Corporate officers.
• Corporate directors.
• Corporate employees.

The Act imposes criminal penalties for violations thereof. There are numerous prohibited acts listed under the Act. Some of the prohibitions include:

• Adulterating food or drug items.
• Misbranding food or drug items.
• Introducing adulterated or misbranded food or drug items into interstate commerce.
• Refusing to grant access to inspectors of certain records.
• Falsely labeling or advertising drugs or devices.
• Improperly using a Federal Drug Administration report in the advertisement of an item.
• Failing to comply with the requirements set forth under the Act.

In prosecuting a violation of the Act, the prosecution must show the following:

• The food, drug, or cosmetic item was adulterated or misbranded.
• The item was introduced into interstate commerce.
• The item was adulterated or misbranded prior to or while in interstate commerce or while held for sale.

Penalties

If the defendant is convicted of violating the provisions of the Act, he may be fined, sentenced to imprisonment, or both. Typically a violation of this Act constitutes a misdemeanor, however the offense may be elevated to a felony offense if the conduct was severe.