Food safety violations will now fall under the jurisdiction of the U.S. Department of Justice's Office of Enforcement and Affirmative Litigation. The new unit is housed in the Civil Division of the Department of Justice.
Prior to this reorganization, most serious civil and criminal food safety cases were prosecuted by local U.S. Attorneys with assistance from the Justice Department's Consumer Affairs Division.
The new two-section division is dedicated to protecting public health and safety through proactive enforcement and effective litigation.
“By consolidating the Civil Division's Affirmative Litigation work into a highly specialized unit, the Department will strengthen its ability to hold powerful individuals accountable, protect public health and safety, and enforce critical national policies,” said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. “This restructuring reflects the Department's commitment to aggressively protecting consumers and advancing the interests of the United States.”
The Enforcement Section will draw on the department's extensive experience in handling landmark cases under laws such as the Controlled Substances Act, the Federal Food, Drug, and Cosmetic Act (FDCA), the Consumer Product Safety Act, the Federal Trade Commission Act, the Children's Online Privacy Protection Act, and the Restoring Online Shopper Confidence Act. to protect consumers – whether from unfair and misleading trade practices by the world's largest technology companies, defective consumer products imported from other countries, or false and misleading claims about drugs and dietary supplements made by pharmaceutical companies.
The Affirmative Litigation Section will represent the United States by bringing cases against states, municipalities, and private businesses that interfere with or obstruct federal policies, ensuring nationwide compliance with the U.S. Constitution and federal law.
The new Division of Enforcement and Affirmative Litigation will strengthen the Civil Division's ability to advance the Department of Justice's enforcement priorities, including the protection of women and children.
Although not explicitly mentioned in the DOJ statement, the new division will likely take on litigation related to the introduction of adulterated food into interstate commerce with the intent to defraud or mislead, as well as the interstate shipment of food that is adulterated or mislabeled with the intent to defraud or mislead.
These are some of the most serious charges brought when food safety issues escalate into criminal cases.
Adulteration or mislabeling of food, drugs or medical devices, or the placing of adulterated or mislabeled food, drugs or devices in interstate commerce may result in a felony charge and a jury conviction.
Any person who commits a prohibited act violates the FDCA. A person who commits a prohibited act “with the intent to defraud or mislead” is guilty of a felony punishable by years in prison and millions in fines, or both.
The key here is whether it is a deliberate act. A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent or even knowing or willful conduct. Instead, a person may be convicted if he or she held a position of responsibility or authority within the firm so that the person could have prevented the violation or prevented the tainted product from entering interstate commerce.
Again, unlike a felony, a misdemeanor charge is a crime without intent. Convictions under the misdemeanor provisions are punishable by up to one year in prison or a fine of not more than $250,000, or both.
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