United States v. Dotterweich

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] Defendant 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.