Any person who commits one of the prohibited acts set forth in 21 U.S.C. § 331 has violated the Federal Food, Drug and Cosmetic Act (FD&C Act). However, any person who commits such an act "with the intent to defraud or mislead" is guilty of a felony and is subject, pursuant to 21 U.S.C. § 333(b)(2), to punishment of up to three year's imprisonment.
Too bad these laws weren't worth the paper they're written on. American law is no different than most other third world countries. You get the legal decision you can afford to pay for.