The Drug Company President

The Defendant was the president and general manager of a drug distribution company, a drug jobber based in New York. The company purchased drugs from manufacturers, repackaged them under its own label, and shipped them to physicians and other customers in interstate commerce. In two separate shipments, the company sent out drugs that were found to be adulterated or misbranded: one involved cascara compound that was misbranded, and another involved digitalis tablets that were both adulterated and misbranded. The Defendant had no personal knowledge of or involvement in either specific shipment. He had not handled the drugs personally, had not examined the labels, and had not received any warning about the particular defects. He had simply given general instructions to company employees to fill orders. Both the company and the Defendant were charged with three counts of violating the Federal Food, Drug, and Cosmetic Act, which made it a crime for "any person" to ship adulterated or misbranded drugs in interstate commerce. The Defendant was sentenced to 60 days' probation and a fine of $500 on the first count (payment suspended on the others).