July 6, 2016  -  The Eighth Circuit Court of Appeals has upheld the prison sentences for Austin (Jack) DeCoster and his son Peter.

Our readers, as always, are cautioned against reading only "media" reports regarding this important and closely watched Food Safety prosecution under the "Park Doctrine" or "Responsible Corporate Officer Doctrine."

Therefore, we attach below the full text of the Eighth Circuit decision issued on July 6 and urge our readers to study the actual decision in detail.

As we continue to watch criminal enforcement policy regarding Food Safety incidents that may involve violations of the FDCA and the numerous new provisions of the Food Safety Modernization Act, we believe that it is advisable to also study the public pronouncements of Deputy Attornay General Sally Yates and other Justice Department officials. Therefore we also attach: (1) the "Yates Memo" of September 9, 2015; (2) the New York University Law School address by Sally Yates (September 10, 2015); and (3) the April 6, 2016 address of Assistant Deputy Attorney General Benjamin Mizer to the Consumer Federation of America.