Food Fraud Presents Risks of Criminal Prosecution
The latest reminder of the risks of perpetrating food fraud: on May 22, 2012, the U.S. government filed felony charges against a seafood importer for allegedly falsifying Country of Origin Labeling (COOL). According to the filing, Worldwide Shrimp Company and others conspired to violate the Lacey Act by labeling Mexican shrimp as a product of the U.S.
The defendants, of course, are innocent until proven guilty beyond a reasonable doubt. The purpose of this posting is not to suggest otherwise. Rather, it is to identify three (of many) underlying reasons why COOL laws are important to businesses and consumers.
Second, even if no one suffers personal injury from an imported food, in some states, economic injury is enough to provide standing for plaintiffs to sue, because labels matter. Consumers often are willing to pay more for foods from certain countries (or to avoid buying foods from others) for many reasons not directly related to safety, such as supporting local jobs or reducing energy use.
Finally, companies that are accused of violating COOL laws should keep in mind they risk conviction in the court of public opinion. Many consumers understand that companies willing to violate COOL laws may also be more likely to break other laws that affect food safety.