Bill Kitchens Quoted in Food Safety News Regarding FDA Prosecutions

On May 4, 2012, Food Safety News published an article titled “Reprieve from Criminal Prosecutions May Be Ending for Food Execs,” which extensively quotes AGG Partner William H. Kitchens. The article explains how prior to 2001, the Food and Drug Administration actively prosecuted food and beverage corporations for distributing contaminated goods that led to sickness or death. However, since then, prosecutions for major food safety issues has seemingly ceased for no apparent reason. Mr. Kitchens tells author Dan Flynn that one possible reason may be that career Department of Justice prosecutors may prefer going after targets that may instigate larger financial returns, such as healthcare fraud. However, he warns that the FDA may be planning to go after corporate executives for food safety violations, much like the recent “Park doctrine” prosecutions in the medical device industry.