United States v. Dotterweich
Encyclopedia
United States v. Dotterweich, 320 U.S. 277
(1943), was a case
decided by the Supreme Court of the United States
that held that upheld strict
, vicarious liability
for the president of a company convicted of a public welfare offense.
under the Food and Drugs Act of 1906, which prohibited the shipment of adulterated and misbranded drugs in interstate commerce. 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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1943), was a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that held that upheld strict
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
, vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
for the president of a company convicted of a public welfare offense.
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 misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
under the Food and Drugs Act of 1906, which prohibited the shipment of adulterated and misbranded drugs in interstate commerce. 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.