United States v. Dotterweich
United States Supreme Court
320 U.S. 277 (1943)
- Written by Jamie Milne, JD
Facts
Buffalo Pharmaceutical Company (Buffalo) (defendant) purchased drugs from manufacturers, repackaged them, and shipped them to physicians and others under its own labels. On at least two occasions, the drug manufacturers’ labels were incorrect. Buffalo and its president and general manager, Joseph Dotterweich (defendant), were prosecuted for shipping misbranded or adulterated products in interstate commerce in violation of § 301 of the Federal Food, Drug, and Cosmetic Act (FDCA). The FDCA stated that any person who introduced misbranded or adulterated drugs into interstate commerce was guilty of a misdemeanor. Although there was no evidence that Dotterweich was personally involved in or had knowledge of the relevant shipments, the district-court jury convicted Dotterweich and acquitted Buffalo. Dotterweich was sentenced to probation for 60 days and assessed a fine. Dotterweich appealed, and the court of appeals reversed his conviction, reasoning that only Buffalo, not Dotterweich, could be considered a person under the FDCA and therefore face liability. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Frankfurter, J.)
Dissent (Murphy, J.)
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