United States v. Dotterweich, 320 U.S. 277 (1943), was a United States Supreme Court case in which the Court upheld strict, vicarious liability for the president of a company convicted of a public welfare offense.[1][2]
| United States v. Dotterweich | |
|---|---|
 | |
| Argued October 12, 1943 Decided November 22, 1943 | |
| Full case name | United States v. Dotterweich |
| Citations | 320 U.S. 277 (more) 64 S. Ct. 134; 88 L. Ed. 48; 1943 U.S. LEXIS 1100 |
| Court membership | |
| |
| Case opinions | |
| Majority | Frankfurter, joined by Stone, Black, Douglas, Jackson |
| Dissent | Murphy, joined by Roberts, Reed, Rutledge |
| Laws applied | |
| Federal Food, Drug, and Cosmetic Act | |
Decision
editDefendant 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 misdemeanor under the Food and Drugs Act of 1906, which prohibited the shipment of adulterated and misbranded drugs in interstate commerce.[3] 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.[4]