Legal Opinion
United States v. Jack Watkins, United States of America v. Cap Tab Nutritional Formulating and Manufacturing Inc.
Court of Appeals for the Ninth Circuit
Decided January 29, 2002No. 00-50656, 00-50682PublishedCited by 21 opinions
1Opinion of the Court
Opinion by Judge McKEOWN; Dissent by Judge FERNANDEZ.
McKEOWN, Circuit Judge.
Section 303 of the Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. § 333(a)(2), imposes felony liability for misbranding “with the intent to defraud or mislead.” The question presented is whether this provision requires proof of materiality. We hold that materiality must be proven as an element of the offense under either a theory of intent to defraud or a theory of intent to mislead.
BaCkground
Jack Watkins is the president and majority owner of Cap Tab Nutritional Formulating and Manufacturing, Inc., a company that…
2Cases cited22 opinions
- Neder v. United StatesSupreme Court of the United States · 1999
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
- Smith v. CaliforniaSupreme Court of the United States · 1960
- United States v. DotterweichSupreme Court of the United States · 1943
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3Cited by21 opinions
- Securities & Exchange Commission v. ToddCourt of Appeals for the Ninth Circuit · 2011
- United States v. SchalesCourt of Appeals for the Ninth Circuit · 2008
- Dowhal v. Smithkline Beecham Consumer HealthcareCalifornia Supreme Court · 2004
- United States v. ChapmanCourt of Appeals for the Ninth Circuit · 2008
- Miller v. United StatesCourt of Appeals for the Ninth Circuit · 2004
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