United States v. Dotterweich case brief

 

• United States v Dotterweich- (FACTS) ∆ labels on their drugs were in error and they were prosecuted for shipping misbranded or adulterated products in interstate commerce in violation of the Federal Food, Drug and Cosmetic Act. Jury acquitted the company but convicted the manager and Sup Ct upheld saying that no mens rea was necessary w/ respect that ∆ knew or should have known that shipment was mislabeled. Could have gone to jail for up to one year.
  • Prosecution type of leg where penalties serve as an effective means of regulation, and may dispense of the awareness of some wrongdoing
  • Burden is placed on those who have the opportunity of informing themselves of the existence of conditions imposed for protection of consumers rather than throw the hazard on the wholly helpless, innocent public.