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The FDA and the responsible corporate officer doctrine

In a paper for WLF, Brian Stimson describes the Food and Drug Administration's plans to step up its usage of a federal law under which the government can effectively end the career of high-level drug company executives who were in a position to have stopped improper marketing and labeling of compounds, even if the execs did not have knowledge or intent of underlings' violations. The offense of "misbranding" has been characterized as a strict-liability misdemeanor and does not incorporate a mens rea requirement. More here.

P.S. Also, the Washington Legal Foundation has just launched a new blog (or blog-like entity, at least) called Legal Pulse. Welcome!

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.