PCA Corporation of America Supreme Court Decesion
I (not being from the USA) think it sends a very strong, much needed message.
You cannot be negligent and think you're above reproach.
The FDA should NOT be challenged. It should be up to law makers to ensure that the laws and regulations of the land and bulletproof, so that in the unlikely event they have to take a company to court, the court finds the regulating body had the health of the public at the top of mind.
Had the supreme court decided to hear the trial, that would just negate all of the damning testimony and investigative documentation that was discovered. The folks knew exactly what the cost would be, and they not only shipped the product, but decided a few deaths was a small price to pay for profit. Let this case stand in perpetuity that the trust consumers puts in the manufacture of the food they need is not mis-placed.
Perhaps by 86 years of age, when his sentence will be up, Stewart Parnell will have finally learned his lesson.
Also not in the USA, but hope this very firm approach becomes more widespread. Whatever country you're in, it should be entirely apparent to food businesses (and to consumers) that it is not acceptable to put profit and/or convenience before food safety.
We just had a case in the UK of a takeaway owner and manager being jailed due to an abominably negligent failure in allergen management - one got three years and one got two years. For killing someone. They'll be "low risk" so likely out in a year or so...
The only point I disagree with Scampi on is not challenging regulators through the courts. Regulators should be challenged through due process - they work for us, as citizens of our respective countries. The regulators' interpretation of the law and the way in which they enforce it should be open to scrutiny (both by consumers and FBs) and be corrected where it is inappropriate/errant - they are humans and occasionally get carried away by egos, misunderstandings etc.
What the courts should do is back the regulators where they are justified, as is entirely the case with the PCA, and swiftly throw out attempts to undo legitimate regulatory action that is 100% in the interests of the public.
Stewart Parnell was convicted of 72 counts of fraud, conspiracy and interstate shipment of adulterated products. This seems to be more than just violations of FDA regulations.
I would guess that Mr. Parnell's lawyers are trying to argue that he should not be responsible for the illegal actions of his employees. I think that falls more within the Sarbanes-Oxley (SOX) regulation.