United States v. DeCoster

Case Updates

The Eighth Circuit affirmed the prison sentence for the corporate officers, concluding that, based on facts found by the district court, they in fact acted “negligently” in failing to prevent the salmonella outbreak.

The U.S. Chamber filed a coalition brief in the Eighth Circuit arguing that due process prevents the imposition of a prison sentence for a strict liability offense. The brief noted that while the Supreme Court has allowed the imposition of misdemeanor fines where so-called “responsible corporate officers” oversee entities that commit violations of the Food, Drug, and Cosmetic Act, the Supreme Court has never condoned imposing imprisonment on a strict liability basis.

The Pharmaceutical Research and Manufacturers of America filed this brief jointly with the U.S. Chamber.

David W. Ogden and Paul R.Q. Wolfson of Wilmer Cutler Pickering Hale and Dorr LLP served as co-counsel.