Adulterated Halloween Candy

Published for NC Criminal Law on October 30, 2012.

For as long as I can remember, parents have worried about adulterated Halloween candy, razorblades in apples, and the like. This concern is exaggerated, but not totally unfounded. Snopes states here that researchers have identified about 80 cases of sharp objects, usually pins, reportedly being inserted in fruit or candy distributed at Halloween. Although most of the reports turned out to be hoaxes and many of the rest were one child playing a “prank” on another, such as a sibling, about 10 cases did result in minor injuries. Snopes further reports here that random Halloween poisonings are entirely urban legend, with not a single documented case. This report summarizes that “no child has ever been seriously injured or killed as a result of ingesting adulterated candy, apples, or other treats collected door-to-door on Halloween.” Of course, the lack of much historical precedent doesn’t mean that some crackpot won’t take it on himself to tamper with Halloween goodies. If he does, though, he will likely run afoul of G.S. 14-401.11, captioned “Distribution of certain food at Halloween and all other times prohibited.” The statute basically prohibits the distribution of any “food or eatable substance” that contains a “noxious or deleterious substance,” a controlled substance, or foreign items such as “razor blades, pins, and ground glass.” Depending on the specific adulterant that’s used, the offense is a Class C, F, H, or I felony. As an aside, I’m pretty sure that a few of the treats I consumed at the State Fair two [...]