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United States v. Dotterweich

United States Supreme Court

320 U.S. 277 (1943)

Relevant factsFree

Buffalo Pharmaceutical Company repackaged drugs from manufacturers and shipped them under its own labels; on at least two occasions the original manufacturer's labeling was wrong, leading to prosecution of both the company and its president, Dotterweich (defendant), for shipping misbranded or adulterated products under § 301 of the Federal Food, Drug, and Cosmetic Act. The jury acquitted the company but convicted Dotterweich, and he appealed.

IssueFree

Whether § 301 of the Federal Food, Drug, and Cosmetic Act, which prohibits shipping misbranded or adulterated products in interstate commerce, requires proof of mens rea.

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