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Anti-tampering legislation proposed

The Product Packaging Protection Act of 2001, introduced by Sens. Herb Kohl (D-WI) and Orrin Hatch (R-UT), would make it unlawful for third parties to insert written or other material inside a consumer product without the permission of the manufacturer, distributor, or retailer.

The bill was written in response to growing complaints from consumers and food companies about offensive literature or pictures being attached to or inserted in packages of food products, including cereal and frozen food. Some of the material urges violence against targeted groups; other material is pornographic. False warning labels have also been found. Investigations indicate the offensive material is most likely added while the products are on store shelves. The existing Federal Anti-Tampering Act has been used successfully in cases where the product itself has been tampered with, but tampering with packages and labels has largely fallen though the cracks. The new act is designed to close loopholes in the existing law. Both the Grocery Manufacturers of America and American Frozen Food Institute testified on behalf of the legislation before a Senate Judiciary subcommittee. “Finding material inserted in or on food packages will undoubtedly cause consumers to lose confidence in the safety of the actual product and in the manufacturer’s safety precautions,” said AFFI president and CEO Leslie Sarasin. Violators of the act face a fine of up to $250ꯠ per incident and a maximum sentence of three years in prison. A similar measure has been introduced in the House.

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