Will Boar’s Head and its Employees face Criminal Sanctions for Listeria Outbreak, Illnesses and Deaths?

The Federal Meat Inspection Act (FMIA), which was enacted in 1906, includes provisions for criminal sanctions against individuals and entities that violate its regulations. The FMIA aims to ensure that meat products are slaughtered and processed under sanitary conditions and are humane and safe for consumption. 

Here are the Inspection Reports in PDF.

The FMIA contains specific sections that outline the criminal penalties for violations. These sections are primarily found in Title 21 of the United States Code, Section 676. 

Here’s a summary of the relevant criminal provisions:

1. Section 676 – Criminal Penalties: This section establishes penalties for individuals who willfully violate the requirements of the FMIA.  It identifies violations such as using misleading labels, selling adulterated or misbranded meat, and failing to comply with inspection requirements. 

• Misdemeanors: Violators may face misdemeanor charges for less severe violations, which can result in fines and imprisonment for up to one year.

• Felonies: Serious violations, particularly those involving the intent to deceive (such as knowingly selling adulterated products), can be classified as felonies. Penalties may include larger fines and longer imprisonment terms.

• Responsibility of Officers: The law also holds corporate officers and agents accountable for violations committed under their authority, emphasizing that liability extends beyond just the business entity.

Since the last update on August 8, 14 more illnesses and six more deaths have been reported. As of August 27, a total of 57 people infected with the outbreak strain of Listeria have been reported from 18 states. Sick people’s samples were collected from May 29, 2024 to August 16, 2024. Of 57 people with information available, all 57 have been hospitalized. One person got sick during their pregnancy and remained pregnant after recovering. Nine deaths have been reported, including one in Illinois, one in New Jersey, one in Virginia, and as of this update one in Florida, one in Tennessee, one in New Mexico, one in New York, and two in South Carolina.

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.