While the prison sentence appears justified, why didn't the corporation get a big fat fine and obligate the store manager go to prison for negligence contributing to this?


Product tamperer gets a year in prison

A 28-year-old Snohomish man who shoplifted a package of cold medicine and replaced it with an Italian-made antibiotic — to get a $2.94 refund by returning the package — was sentenced to a year in prison Friday.

James Christopher Ayers, who pleaded guilty last November in federal court, faced as much as 10 years in prison for product tampering at an Everett Target store last May. Ayers, who was depressed and addicted to methamphetamine, admitted he purchased one box and swiped the other, then swapped out medicines to get the refund.

Violating its own corporate policy, the Target store put the returned medicine back on the shelf, where it was purchased by a consumer who turned out to be a registered nurse. She contacted the government after noticing the capsules in the cold medicine were unlike those she had previously purchased.

The nurse is allergic to the tetracycline that Ayers substituted, and when some people take that drug in combination with others, it can be fatal, the government said.

Still, because the offense was not intended to cause bodily harm and didn't cause any, prosecutors agreed to recommend a sentence of between 12 and 24 months.

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...Tracy

'00 ML320 "Casper"
'92 400E "Stella"

I don't disagree that the store was at fault. But what would you like to have done? Have you any idea how many managers there are at a Target? Which one was at fault? Who decides? WHO?

Sorry

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Pxland

2001 Honda Accord

1995 Jeep Cherokee

1973 MB 280SEL 4.5

So just because it is inconvenient, the store can get away with this? Corporations are supposed to have "the same" responsibilities as individuals. Put the CEO in prison right next to the addict. You could only hardly count the ticks of a watch before sweeping changes in corporate policy take place to make sure they don't create this kind of problem again.

__________________
...Tracy

'00 ML320 "Casper"
'92 400E "Stella"

How is the CEO at fault? (in this case)

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Pxland

2001 Honda Accord

1995 Jeep Cherokee

1973 MB 280SEL 4.5

Or even the store manager? It might be the clerk that is involved. While it is nice, we cannot hang the manager because the employee made a mistake. Now, if it is noted that there is a store policy and the managers are not doing anything to enforce it, you bet they should be fined. However, neither the CEO nor the manager can watch over every employee to make sure they are doing their jobs at all times correctly. If you can find such a manager, it is either a small department of 2 and that is his only job or you have something else.

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I’d have to pretend I’m a lawyer to say who should go to jail, but I’m, not, but this isn’t the first time this kind of problem has occurred, and folks know fully that the risks exist. Unless a corporation is somehow not responsible for violating their own policy and verifiably putting the public at great risk, the ultimate responsibility should rest with the CEO, as well as anyone more immediately responsible. The whole reason you don’t put meds back on the shelf is precisely what took place. So put the person who put the pills back on the shelf, their manager, the store manager and the corporate officers as well. If the action was part of a pattern of other similar actions, then be sure there are even harsher penalties.

__________________
...Tracy

'00 ML320 "Casper"
'92 400E "Stella"

Labenz, I guess it would require a statute that makes it a criminal offense to place returned medications, in this case OTC medications, back onto the shelves.

Otherwise, a criminal charge would require a "reckless disregard" situation, which is pretty hard to prove without evidence that they knew that the product was assured of causing harm. Then there's the issue that apparently there was no injury, therefore, no damages, for a civil action.

I can see the person who put them bak out facing store penalties, firing for example, but not criminal penalties unless it was malicious.

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Pxland

2001 Honda Accord

1995 Jeep Cherokee

1973 MB 280SEL 4.5