Federal and state regulatory agencies have long histories of
using litigation as an enforcement tool. The plaintiffs' bar
frequently attempts to accomplish the same task by litigating
claims for alleged violations (such as food labeling consumer class
actions). Now a new weapon is being employed by the government, and
it is more potent than garden-variety litigation. Instead of facing
threats such as monetary penalties or injunctive relief, company
executives now find themselves facing imprisonment.
This threat has become particularly acute in the food safety
industry. Several high-profile criminal prosecutions of food
industry executives have occurred recently, and it seems clear that
these prosecutions are far from aberrations – they may be the
new norm. Federal prosecutors appear to have made a conscious
decision to target those in the food industry and are investing
substantial time, energy and money in these prosecutions.
