Private Actions and Personal Liability

Abstract

The final chapter splits its focus between two related issues with different sources of authority. First, the concept of private lawsuits will be explored. In particular, the concept of personal liability in the wake of serious illness or death following a foodborne illness will be explored. Any discussion of private lawsuits would not be complete without describing the recent onslaught of litigation related to labeling claims . Second, the basis for criminal liability under the FD&C and FSIS enabling acts will be reviewed. Together private lawsuits and criminal liability represent the ultimate penalty for food law infractions. Private lawsuits, however, are rooted in State law, and the reach of such actions are limited by preemption . There is no provision in any federal food law authorizing a lawsuit or passing the baton of enforcement . Criminal lawsuits remain tethered to the enabling acts discussed in previous chapters. Instead of warnings and seizures , the consequences are severe even for corporate officials acting in their official capacity.