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by | Mar 19, 2018 | Rose

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United States v. Dotterweich, 320 U.S. 277 (1943), was a United States Supreme Court case in which the Court upheld strict, vicarious liability for the president of a company convicted of a public welfare offense.[1][2]

Decision

Defendant Dotterweich was the president and general manager of a company that purchased drugs from a manufacturer, repackaged them, and shipped them with a new label. Dotterweich was convicted of a misdemeanor under the Food and Drugs Act of 1906, which prohibited the shipment of adulterated and misbranded drugs in interstate commerce.[3] The Supreme Court upheld Dotterweich's conviction even though he did not directly participate in the proscribed shipments. The Court reasoned that this was a public welfare offense where strict, vicarious liability was appropriate because the president of a company ought to be aware of the regulations associated with their business, and that the president was in a much better position than members of the public to protect against the possible dangers of the product.[4]

See also

References

  1. ^ United States v. Dotterweich, 320 U.S. 277 (1943).
  2. ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 266
  3. ^ Bonnie, p. 265
  4. ^ Bonnie, p. 266

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