The Food Safety Modernization Act or FSMA was signed into law by President Barack Obama on January 4, 2011 as a move to overhaul the food safety system in the US. The law would take an all-encompassing approach to food safety from the farm through processing, and would include controls to prevent intentional adulteration of […]
The justice system in the United States prosecutes corporate officers such as CEOs in criminal or civil cases based on “strict liability”. Strict liability is the principle that the officer is responsible for the crime regardless of knowledge of wrongdoing or intent to do wrong. This principle was derived from the Dotterweich Doctrine (1943) and […]
Very few of us who fall sick due to a foodborne illness end up getting compensation for it. Part of the reason is that most of the time we don’t report it and even if we do, it is often hard to point out the food that caused the illness. Food companies prefer to settle […]
Preemption is the rule that federal law reigns supreme above state law. This is known as the supremacy clause. Federal law can preempt state law in the following ways. When the statute clearly and expressly says that the federal statute has full and complete authority over the state. This is called expressed preemption. When the […]
Lawsuits provide an additional incentive for companies to produce and distribute foods that are safe and not misleading. Lawsuits may be civil or criminal. Civil lawsuits are legal proceedings seeking compensation for injuries incurred. For example, getting a foodborne illness and seeking redress to cover cost incurred for medical expenses and lost income during illness. A […]
Criminal lawsuits are initiated by the government against an offending party. The government is referred to as the State, and the person who is being brought into question is referred to as the defendant. Crimes may be in the form of a misdemeanor or felony. A misdemeanor is a minor crime punishable for up to […]
