Criminal sanctions are the reflective tools that depict the environment of social cohesion. This means that in societies where the levels of willful conformity are high, the normative sanctions employed lean towards taking an informal but naturally substantive nature though limited in use. In complex communities where levels of willful conformity are minimal, sanctions are much likely to be official in nature, frequently used and procedural in the application. Within the current societies where the levels of morphology, bureaucracy and stratification are high; the need for the dominance of formal justice in the form of criminal sanctions is created. The dominant need for these sanctions results from the view of considering some behaviors as harmful to the political, economic, moral and social well-being of the society.
The laws covering the instructions on the production and distribution of cosmetic products, food and drugs; are statutory decrees conceded by the legislature in 1938. The main purpose of these decrees; is to advance authority to the supervision authorities to ensure the healthy nature and safety of these products. As a starting point, the introduction of these laws was fueled by the death of more than 100 patients; which resulted from the administration of a sulfanilamide medication, to which diethylene glycol had been used for the purposes of dissolving the drug to attain a liquid form.
The violations of the contentions contained in this law amount to civil obligations though the repeated, fraudulent, intentional violations of the same law attract criminal procedures. From the review of the book and other literature, it is evident that criminal sanctions are crucial in the successful enforcement of these laws. This is the case because whenever there is a need for the detention of merchandise; the enforcing authorities like FDA that enforce the sanctions come in to hold the products until administrative actions are taken regarding the products.
The enforcing agents of these criminal sanctions are also responsible for the offering of short-term restraining orders, or civil injunctions when deemed fit. This case may take place in the instance that an intervention from a federal judge is pronounced; restrictive of the conduct of an individual perceived to be in violation of these laws. The importance of criminal sanctions in both cases is created by the need for a restrictive order or placement of restraint, in areas of violation of the law. Failure to the operative function of these sanctions; there would not be an authority and formal policies regarding the enforcement actions to be taken.
The other operative role of criminal sanctions in the enforcement of these laws is that; these sanctions are used as the basis on which criminal prosecutions regarding the violation of these laws are lodged. Included in this part is the ruling to disgorge profits attained from the violation of the law, and felonies that amount to the intent to defraud or mislead others violating these Laws.
These sanctions are also important in defining the areas to be covered in carrying out investigations, regarding the criminal prosecution of individuals violating the laws. The essentiality of these sanctions, in this case, is that it acts as the measure of the extent to which the individual or group in question have violated the laws. In other cases, the individuals that violate the provisions of this law, reach an agreement regarding the case so as not to go to court. In such a case, these sanctions provide the guidelines to be used in solving the case so as to ensure that the disciplinary action administered is weighty enough, to prohibit the individual or group from committing the violations again.
These sanctions also form the basis of restrictive measures like debarring individuals or groups, from participating in the operations of a given industry, producing products on agency, or appearing in the representation of others before agencies. As evident from the provisions and creations that can be termed as criminal sanctions, it is evident that the enforcement of these laws would be weighty without the application of the sanctions.
Reference
Scheb, John. & Scheb, John II. (2008). Criminal law and procedure, 6th Edition. Wadsworth Publishing Co Inc.