Strict Misdemeanor Liability and “Park” Misdemeanor Liability Under the FDCA

FederalAgency guidance

Ask Donna

How this section applies to your facts.

DOJ Justice Manual › Title 4: Civil › 4-8.000 - Consumer Protection › Justice Manual § 4-8.215

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

A misdemeanor conviction under the FDCA does not require proof of fraudulent intent, or even of knowing or willful conduct.  CPB attempts wherever possible to bring felony charges to deal with fraudulent behavior.  Nevertheless, misdemeanor liability can attach to behavior that may not merit felony prosecution.  What is more, an individual who stands in responsible relation to the violative conduct, even if he or she did not engage in the conduct itself, may be liable under the “responsible corporate officer” doctrine (the so-called

Park

doctrine).

[updated January 2021]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Strict Misdemeanor Liability and “Park” Misdemeanor Liability Under the FDCA · Justice Manual § 4-8.215 | Frix