This post was written by Areta L. Kupchyk. On April 22, 2010, at the Food and Drug Law Institute (FDLI) Annual Conference in Washington, D.C., FDA’s Deputy Chief Counsel for Litigation, Eric Blumberg, confirmed the Agency’s re-energized commitment to bring appropriate enforcement actions against companies and products that are in violation of the Federal Food, Drug, and Cosmetic Act (the Act). Specifically, Blumberg assured the audience of industry lawyers and executives that FDA would bring back the use of the “Park Doctrine,” which is based on a 1975 Supreme Court case affirming the FDA’s power to prosecute top executives individually for company violations the Act regardless of the executive’s knowledge of the specific violation or intent to violate the Act.  Blumberg confirmed this is a “strict liability” criminal standard holding top executives accountable for actions that they should have known about and because of their position are responsible to prevent. Blumberg urged top executives to get more involved not only to correct violations but “more importantly to prevent” violations.