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The Park Doctrine Case

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The Park Doctrine, also called the Responsible Corporate Officer Doctrine, is a criminal case that failed to comply with the Federal Food, Drug and Cosmetic Act. The case was taken to the Supreme Court, where violation of company provisions was not met in order to uphold proper standards. Even if the company is unaware of their violations, the violation still stands due to an official appointed the position of making sure all provisions are properly met. (park powerpoint)

The Park Doctrine stems from a case back in 1970, when national food chain owner, John Park, was advised by the FDA of their unsanitary conditions including an infestation of rodents in one of their facilities. (park powerpoint). Just a year later, the FDA visited another facility owned by Park, that found similar unsanitary conditions. The FDA gave Park time to fix the problem, but returned in 1972 for a re-inspection that led officials to find the same rodent infestation.

Park and his company were taken to court where the Supreme Court ruled against Park. Park was charged with a misdemeanor for “causing food shipped in interstate commerce to become adulterated” (park powerpoint) while it was held at Park’s facilities. Park later on went to pled guilty but complained there was nothing more he could have done that him and his employees …show more content…

The United States Supreme Court, the FDA requested that many similar cases such as this were prosecuted by the Department of Justice. The FDA allotted a number of reasons for further investigation into prosecutions including the reoccurrence of similar issues, life threating or injuries from violations and the knowledge of these violations by management. (park powerpoint). These prosecutions are a good foundation for investigation, but could go further as to limiting the number of occurrences allowed for each company with particular health issues, including bug infestations, temperature regulations and sanitation

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