Four New Hampshire daycare employees allegedly spiked children’s food with the sleep supplement melatonin and were arrested on Thursday.
After a six-month investigation, police discovered that children had been furtively dosed with melatonin. Officers arrested the daycare owner, 52-year-old Sally Dreckmann, along with three of her employees: Traci Innie, 51; Kaitlin Filardo and Jessica Foster, who are both 23.
Melatonin is a sleep aid supplement that is sold over the counter. But the long-term impacts of melatonin on children are not widely known.
Furthermore, there have been several reports of children being overdosed with melatonin in recent years. About 7% of emergency department visits between 2012 and 2021 were for children who had accidentally ingested melatonin, the federal Centers for Disease Control and Prevention (CDC) has reported.
The American Academy of Sleep Medicine issued a health warning for melatonin use around kids and adolescents, warning against the lack of US Food and Drug Administration oversight for the sleep aid.
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