The Definition of a Consumer Product

According to New York Penal Law § 145.45, consumer products include any drug, food, beverage, or other product that is made to be ingested by people or applied to their external surface. Tampering with a consumer product in the first degree occurs when an individual alters, adulterates, or contaminates a consumer product with the intent to cause physical injury or instill fear of injury, without any right to do so, and creates a substantial risk of serious physical injury to one or more persons.

A Real-Life Example

Imagine Susan, who works for a local fast-food restaurant, but hates her job and despises her manager. One day, her manager publicly berates and humiliates her in front of her younger co-workers. Fueled by anger and a desire for revenge, Susan sprays three hamburgers with a commercial-grade cleaning solution and gives them to a takeout customer. Later, three people become extremely ill after eating the burgers. Susan could be prosecuted for tampering with a consumer product in the first degree, as she not only tampered with a product but put consumers at risk of serious physical harm.

Related Offenses

Tampering with a consumer product in the first degree is just one of several related offenses, including tampering with a consumer product in the second degree (New York Penal Law § 145.40), criminal tampering in the third degree (New York Penal Law § 145.14), criminal tampering in the second degree (New York Penal Law § 145.15), and criminal tampering in the first degree (New York Penal Law § 145.20).

Defenses against Tampering Charges

To be convicted of tampering with a consumer product in the first degree, the prosecutor must prove that the individual’s actions presented a substantial risk of serious physical injury. If the actions only caused consumers to suffer a mild stomach ache or temporary rash, for example, the prosecutor will have difficulty convincing the court of the individual’s guilt.

The Consequences of a Conviction

Tampering with a consumer product in the first degree is considered a class E felony, and a conviction could result in a prison sentence of up to four years. However, the judge may also sentence the individual to a five-year probation term instead.

Get Legal Help Today

If you are facing charges for tampering with a consumer product in the first degree, you could end up in prison. But just because you’ve been charged with this crime doesn’t mean you will be convicted.

Example 1: The Pharmaceutical Plot

As Billy works tirelessly in the manufacturing sector of a pharmaceutical company, bottling and packing life-saving drugs for nationwide retail sales, his anger simmers. Disgruntled by company policies, Billy decides to take matters into his own hands and taints a batch of painkillers with a dangerous and unsanitary substance: cow dung. This act of revenge has disastrous consequences as unsuspecting consumers fall ill after taking the contaminated pills.

Example 2: The Corporate Saboteur

Janet, a corporate spy in disguise, infiltrates a furniture factory, posing as a hardworking employee. But her true motives are far from honorable. After hours, she sneaks into the warehouse, deftly slapping fake labels on unsuspecting furniture boxes. The labels claim that the products were made with cancer-causing agents, sending shockwaves through the industry and damaging the reputation of the targeted company.

Example 3: The Domestic Threat

Alan, a seemingly loving husband, buys several bottles of hand lotion from a local drugstore for his wife. But before he brings them home, he injects a dangerous chemical into the innocent-looking bottles. He knows that this will cause his wife to have a severe and potentially life-threatening allergic reaction. Though Alan may be guilty of other crimes, he cannot be charged under 18 U.S.C. 135 as his actions occurred outside the supply chain and did not affect interstate commerce.

The Dangers of Consumer Product Tampering

These examples highlight the serious consequences of consumer product tampering and the need for increased vigilance in protecting our nation’s food and consumer products. By tampering with these products, individuals put the health and safety of countless consumers at risk, causing injury and potentially even death. We must take swift and decisive action against those who engage in such dangerous and illegal acts.

Don’t Let a Federal Food, Drugs, and Agricultural Crime Conviction Ruin Your Life

You’re facing a critical moment in your life. A federal prosecutor is claiming that you caused harm or injury through product tampering. But what if there’s not enough evidence to prove it beyond a reasonable doubt?

The stakes are high, and you need a legal expert who understands the ins and outs of federal criminal defense. That’s where Eisner Gorin LLP comes in. Our team has decades of experience defending clients just like you against federal charges.

Negotiating a Favorable Outcome in Your Federal Criminal Case

We won’t back down in the face of tough opposition. Instead, we’ll carefully review every detail of your case to determine the best strategy. If there’s a chance to negotiate with the prosecutor, we’ll do everything in our power to reduce or dismiss the charges against you.

Navigating the Legal Process with Confidence

When you work with Spodek Law, you can rest assured that you have an advocate who will fight for your rights every step of the way. We’ll guide you through the legal process with confidence, using our expertise to help you make informed decisions about your future.

Get in Touch for a Case Evaluation Today

Don’t wait any longer to take control of your future. Contact Spodek Law today for a confidential case evaluation. You can reach us by phone or fill out our online contact form to get started.