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Park Doctrine Prosecutions of Corporate Officers Continue: Stay Alert!
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions “tip off” plaintiffs' attorneys to possible areas of product liability litigation to bring against a company. Practitioners should understand the Park Doctrine, be aware of its recent prosecutions and sentences, and understand the Government's commitment to these types of prosecutions.
The Park Doctrine
The prosecution of responsible corporate officers developed after the United States Supreme Court decision, United States v. Park, 421 U.S. 658 (1975). In Park, the president of Acme Markets, John Park, was informed by the FDA of poor conditions in his company's warehouses, yet failed to rectify the problems. Acme and Park were prosecuted for misdemeanor violations of food adulteration. Park was convicted and was fined $250. His conviction was reversed by the appellate court, but the United States Supreme Court reversed the appellate court and ordered Park's conviction to be reinstated.
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