United States v. Dotterweich

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]

United States v. Dotterweich
Argued October 12, 1943
Decided November 22, 1943
Full case nameUnited States v. Dotterweich
Citations320 U.S. 277 (more)
64 S. Ct. 134; 88 L. Ed. 48; 1943 U.S. LEXIS 1100
Court membership
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinions
MajorityFrankfurter, joined by Black, Stone, Douglas, Jackson
DissentMurphy, joined by Roberts, Reed, Rutledge
Laws applied
Federal Food, Drug, and Cosmetic Act

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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