A man accused of putting shards of glass into Styrofoam cups while he worked at Dart Container in Hart County has asked a federal judge to dismiss his case.
Waylon J. Horton, of Munfordville, is accused in a federal court indictment of one count of consumer product tampering. His indictment claims he placed shards of glass in cups that were to be sent to fast food restaurants.
Horton is a former Dart employee, Hart County Sheriff Boston Hensley said.
Thursday, his attorney filed a motion to dismiss the indictment arguing that cups do not fit the government’s own definition of consumer products.
“Congress defined ‘consumer product’ to mean an article, product, or commodity that is customarily produced or distributed 1) for consumption by individuals or 2) use by individuals for purposes of personal care or 3) in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use,” the motion reads.
“Plainly, the statute in question was enacted to prevent tampering with food, drugs, shampoo, perfume, soap, mouthwash, cosmetics, cigarettes or similar items that are consumed or expended in the care of one’s body or person. Moreover, the definition cannot include things that, although arguably used by a consumer, are not directly related to personal care. Thus, disposable cups would be excluded from the definition chosen by Congress, along the same lines as washing machines, spoons, or beds.
“Because the article identified in the indictment cannot, in fact, be a consumer product, the indictment fails to allege an offense,” the motion reads.
A judge has not rendered a decision on that motion, and a jury trial remains scheduled for 9 a.m.July 16 in U.S. District Court in Bowling Green.
If Horton is convicted as charged, he could spend up to 10 years in prison, be fined up to $250,000 and serve three years of supervised release.