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Four US daycare workers charged with spiking children’s food with melatonin
(www.theguardian.com)
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this post was submitted on 18 May 2024
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So I wondered what the charges were and the penalties for giving OTC medication to minors without parental consent. It appears that the FDA considers melatonin a food supplement, not a drug. (Disclaimer, this is from 5 minutes searching online, I have no real knowledge beyond that). After reading the article, and lacking any other information, it seems like the investigation was spurred by the melatonin dosing, but the illegal part was operating an unlicensed daycare with more than 3 children in a private home. (Again, I'm very uninformed and guessing/extrapolating)
I'm actually not sure if it's illegal to give melatonin to minors without guardian consent. Unethical certainly, but if it's not a controlled substance or medication regulated by the FDA like OTC meds, is it illegal? There a some state laws prohibiting some supplements being given to minors. For example, NY has outlawed sales of dietary supplements to minors. If the supplement can be proved to harm a child, that's clearly illegal. It looks like there's not enough research to prove that's the case with melatonin though.
If anyone has a better understanding of these things, I'd love to hear it. I'm really curious about this now
Hiding a supplement in food in order to cause a person to sleep is a battery at common law. Bringing simple assault criminal charges under that legal theory should work fine.
Makes sense. Thank you. I'm aware of what is sometimes a vast gulf between what is right and what is legal. I'm glad to see the principle of battery and the law are aligned in this case