As a result of the Tylenol Tampering case, the Nation had to produce changes in current laws/regulation in order to ensure the public that this crime could never happen again. In 1983, The Nation had come up with the first Anti-Product-Tampering Act, making it a federal criminal offense to tamper/ attempt to tamper with consumer products.
Under this act, A person who is found guilty of tampering with any consumer product or label that affects interstate or foreign commerce will be charged with a federal criminal offense. Tampering with the labeling includes: both the label on the product and any other written material that may come with the product, such as instructions. In order to be convicted of the offense, the person (s) tampering must be done with reckless disregard for another person' life. The act does not apply to the tampering of products that had been already purchased at retail and brought home for use.
One may be charged with this federal offense as well, if it is proven they had tainted any labels or containers of a consumer product. This tainting of the product must make it materially false with the intent to cause serious damage to the business of another person. Although this act does not define the word "taint", it has been shown to have a broader meaning than the word "tamper". "Taint" has been interpreted to cover any modification of the product with any traces that may be contaminated, infected, or a corruption of the product.
A person commits an offense under this act, if he/she knowingly communicates false information that a consumer product has been tainted when the product/result of the communication affect interstate or foreign commerce. In order to be convicted, it must be proven that the alleged tainting, if it had occurred, would have created a risk of death/bodily injury to another person.If the false communication causes action to be taken, the act applies.
Lastly, a person commits an offense under the Act if he/she threatens to tamper with a consumer product that affects interstate or foreign commerce. The threat is only required to be credible in order for a person to be convicted. In addition, a person is considered to commit an offense under the act if her or she engages in a conspiracy to tamper with a consumer product that affects interstate or foreign commerce.
All of these changes were put into effect as a result of the Chicago Tamperings. The Anti-Product-Tampering Act was introduced in 1983 and is still in legislation today.
No comments:
Post a Comment