New Jersey Law Makes Tampering with Consumer Products a Crime

New Jersey has a law that makes it illegal to tamper with or adulterate consumer products without authorization. This law, known as Section 2C:40-19 of the New Jersey Code of Criminal Justice, was enacted to protect consumers from potential harm caused by product tampering.

Overview of the Law

Section 2C:40-19 states that “A person commits a crime of the fourth degree if, without the consent of the manufacturer, retailer or supplier, he intentionally tampers with or adulterates a consumer product knowing that the consumer product may be offered for sale in that condition.”

The law defines “tamper” as “altering or modifying the contents or container of a consumer product from the original design or natural characteristic without the consent of the manufacturer, retailer or supplier.” This includes things like adding harmful substances, removing or changing ingredients, mislabeling, etc.

“Adulterate” means “adding or mixing an additive, substituting an ingredient or otherwise altering or modifying a consumer product from the original design or natural characteristic without the consent of the manufacturer, retailer or supplier.”

A fourth degree crime in New Jersey is punishable by up to 18 months in prison and fines up to $10,000.

Purpose of the Law

This statute was enacted in 2000 to make product tampering a specific criminal offense in New Jersey.

Prior to this law, prosecutors had to try and fit product tampering cases under more general charges like criminal mischief or risking widespread injury. The problem was that those charges didn’t always fit the crime well, and didn’t carry penalties sufficient to deter potential tamperers.

By creating a specific product tampering offense, the legislature wanted to send a clear message that this behavior would not be tolerated. The law provides law enforcement with a tailor-made charge to go after anyone who intentionally tampers with or adulterates consumer goods.

Why Product Tampering is Dangerous

Product tampering poses significant risks to public health and safety. Introducing harmful substances or altering products can cause serious injury or even death to unsuspecting consumers.

Some examples of dangerous product tampering over the years include:

• The Tylenol poisoning case in 1982 where seven people died after taking cyanide-laced Tylenol capsules. This led to new safety regulations for over-the-counter drugs.
• The 1986 Odwalla E. coli outbreak which killed a toddler and sickened 66 people. It was later determined that an employee intentionally added unpasteurized apple juice to Odwalla products.
• The 1993 Wendy’s chili tampering incident where a customer claimed she bit into a finger in her bowl of chili. Her claim was a hoax, but it cost Wendy’s millions in lost sales.

As these examples show, tampering incidents – even hoaxes – can erode consumer trust and cause serious economic damage to retailers and manufacturers. New Jersey’s law aims to deter such behavior before it starts.

What Constitutes Tampering Under the Law?

Section 2C:40-19 applies to any intentional, unauthorized alteration or adulteration of a consumer product. This covers a wide range of potential tampering methods, including:

• Adding poison, chemicals, drugs, or other harmful substances
• Removing or changing ingredients to make a product dangerous
• Mislabeling products or their ingredients
• Damaging packaging to contaminate contents
• Placing foreign objects like needles, glass, or razor blades inside products
• Altering expiration or “best by” dates to disguise spoiled goods
• Diluting products by adding fillers or substituting inferior ingredients

The key is that the tampering is intentional and done without the consent of the manufacturer or supplier. Accidental contamination during production would not be covered under this statute.

Are There Any Defenses to Product Tampering Charges?

Since Section 2C:40-19 requires intentional, unauthorized tampering, the main defense would be to argue that the tampering was unintentional or accidental. The accused would have to show there was no purposeful adulteration of the product.

Other possible defenses include:

• Lack of knowledge – The accused can claim they were unaware the product was tampered with or adulterated before it was offered for sale. However, this can be hard to prove.
• Consent – If the manufacturer or supplier consented to the changes made to the product, then it would not be considered unauthorized tampering under the law. But the consent must be provable.
• First Amendment – In situations involving altering labels or packaging as tampering, the accused may argue the changes were protected free speech. But this rarely succeeds as a defense.
• Mental incapacity – The accused can claim they lacked the mental capacity to understand the wrongfulness or consequences of their actions. But insanity defenses are extremely difficult to establish.

Overall, defenses to product tampering charges tend to be uphill battles given the strict liability nature of the statute.

How Can Consumers Protect Themselves from Tampered Products?

While laws like Section 2C:40-19 deter would-be tamperers, consumers should also take steps to protect themselves:

• Carefully inspect packaging before buying products – look for signs of damage, tampering, or contamination. Avoid purchasing anything that looks compromised.
• Do not consume food or drugs past their expiration date or if packaging has been opened. Discard such products.
• Report any evidence of product tampering to the retailer and appropriate authorities.
• Be extra cautious with over-the-counter drugs – look for safety seals and indications if packaging has been opened.
• Notify retailers and manufacturers if a product seems adulterated or “not quite right” after purchase.
• Follow any product recalls related to potential tampering very closely. Discard affected items immediately.

While the chances of purchasing a tampered product remain very low, following basic safety precautions can help reduce the risks even further.