3408. Misbranding of Benzedrine Sulfate tablets, Combisul-TD tablets, diethyl-
stilbestrol tablets, and Desoxyn Hydrochloride tablets.   U. S. v. H. W.

[D. D. N. I.
Miller Drug Co., Dilley A. Bowron, and J. Carl Berger.   Pleas of guilty.   (
Fine of $200 against company and $150 against each individual.   (F. D. C.
No. 30045.    Sample Nos. 72139-K, 72495-K, 84157-K, 84428-K.)
INFORMATION FILED : Between February 19 and April 5,1951, Southern District
of Ohio, against the H. W. Miller Drug Co., a corporation, Columbus, Ohio, and
Dilley A. Bowron and J. Carl Berger, pharmacists for the company.
INTERSTATE SHIPMENT : From the States of Indiana, Illinois, New Jersey, and
Pennsylvania, into the State of Ohio, of quantities of Benzedrine Sulfate
tablets, Combisul-TD tablets, diethylstilbestrol tablets, and Desoxyn Hydro-
chloride tablets.
ALLEGED VIOLATION: On or about June 19, 20, and 26, 1950, while the d^ugs
were being held for sale at the H. W. Miller Drug Co., after shipment in inter-
state commerce, various quantities of the drugs were repackaged and sold
without a prescription, which acts resulted in the repackaged drugs being
misbranded.
The H. W. Miller Drug Co. was charged with causing the acts of repackaging
and sale of the drugs involved in each of the four counts of the information; (
and, in addition, Dilley A. Bowron, in two of the counts, and J. Carl Berger,
in the other two counts of the information, were charged with causing such
acts to be done in connection with the drugs involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing statements of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the repackaged drugs bore no direc-
tions for use.
Further misbranding, Section 502 (e) (2), the repackaged Combisul-TD
tablets failed to bear a label containing the common or usual name of the
active ingredients, namely, sulfathiazole and sulfadiazine; and, Section 502
(f) (2), the repackaged Desoxyn Hydrochloride tablets failed to bear labeling
containing adequate warnings against use in those pathological conditions
where their use may be dangerous to health, and against unsafe dosage and
methods and duration of administration.
DISPOSITION : April 5, 1951. Pleas of guilty having been entered, the court im-
posed a fine of $200 against the company and $150 against each individual.