Pet Food Contamination - Investigation Continues

Susy Owen

Attorney

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Due to pet food contamination, in April, China banned melamine, the ingredient that contaminated pet food. China has also announced that it would cooperate with U.S. Federal Drug Administration (FDA). Perhaps because they knew an announcement from the FDA was coming, ChemNutra announced publicly that their facility had been searched by the FDA.

The FDA are in the process of determining whether Federal Food, Drug & Cosmetic Act has been violated by ChemNutra. Under the doctrine of "strict liability" ChemNutra could be held responsible for the contaminated product that they provided to Menu Foods, regardless of whether they know about the fact that it was indeed contaminated.

Strict liability is a legal doctrine that makes a person responsible for the damage and loss caused by their acts and omissions regardless of culpability. In criminal law, strict liability is liability for which mens rea (Latin for "guilty mind") does not have to be proved. That is not to say that ChemNutra did not know much more than they are admitting to, but that may not need to be proved in order to hold them, and perhaps others, accountable.