In 2011, listeria-contaminated cantaloupes killed 33 people and sickened 147 others across 28 states. The contamination was traced to Colorado-based Jensen Farms. In September 2013, federal prosecutors in Colorado charged Eric and Ryan Jensen, the owners and operators of Jensen Farms at the time of the outbreak, with six misdemeanor charges of introducing adulterated food into interstate commerce. Prosecutors alleged that Jensen Farms’ cleaning and packaging system failed to wash cantaloupes with an antibacterial solution that would have killed the bacteria and averted the outbreak. These criminal charges were brought against the owners individually, even though there was no allegation that the owners knew of any deficiency in the cleaning system. One of the government’s liability theories was a little-used theory based on a 45-year-old U.S. Supreme Court case, United States v. Park. In October 2013, both Jensens pleaded guilty and were later sentenced to six months of home confinement, five years of probation and $150,000 in restitution.
The Jensen prosecutions are a recent example of efforts by federal prosecutors to expand the reach of criminal liability in the corporate context. Traditionally, corporate criminal liability has been based on the respondeat superior doctrine. Under this doctrine, criminal liability is imputed to the corporation when a single employee commits a crime while acting in the scope of employment and acting with intent to benefit the corporation. An employee committing such a criminal act could be held individually liable as well.
