3859. Misbranding of dextro-amphetamine sulfate tablets, Seconal Sodium cap-
sules, methamphetamine hydrochloride tablets, and methyltestosterone
tablets. U. S. v. Mose Drug, Inc., and Roy I. Preston and Vinton B.
Clark. Pleas of nolo contendere. Fine of $200 against corporation, $75
against Defendant Preston, and $45 against Defendant Clark. (F. D. C.
No. 32730. Sample Nos. 15475-L to 15477-L, inch, 15481-L, 15482-L,
15484-L, 15488-L, 15489-L.)
INFORMATION FILED :    September 18,1952, Western District of Oklahoma, against
Mose Drug, Inc., Lawton, Okla., and Roy I. Preston, a pharmacist, and Vinton
B. Clark, an employee.
and 22, 1951, while quantities of dextro-amphetamine sulfate tablets, Seconal
Sodium capsules, methamphetamine hydrochloride tablets, and methyltestoste- ^
rone tablets were being beld for sale at Mose Drug, Inc., after shipment in (
interstate commerce, various quantities of the drugs were repacked and dis-
pensed without a physician's prescription, which acts resulted in the re-
packaged drugs being misbranded.
Mose Drug, Inc., was charged with causing the acts of repacking and dis-
pensing of the drugs involved in each of the 8 counts of the information, and,
in addition, Defendant Preston, in 5 of the counts, and Defendant Clark, in 3
of the counts, 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), all of the repackaged
drugs failed to bear labels containing an accurate statement of the quantity
of the contents; and, Section 502 (f) (1), the labeling of all of the repackaged
drugs failed to bear adequate directions for use.
Further misbranding, Section 502 (b) (1), portions of the repackaged
dextro-amphetamine sulfate tablets and methyltestosterone tablets and all of
the repackaged methamphetamine hydrochloride tablets failed to bear labels
containing the name and place of business of the manufacturer, packer, or
distributor.
Further misbranding, Section 502 (d), the repackaged Seconal Sodium cap-
sules contained a chemical derivative of barbituric acid, which derivative has
been found to be, and by regulations designated as, habit forming; and the
label of the capsules failed to bear the name, and quantity or proportion of
such derivative and in juxtaposition therewith the statement "Warning-May
be habit forming."
Further misbranding, Section 502 (e) (2), the repackaged dextro-ampheta-
mine sulfate tablets and methamphetamine hydrochloride tablets and a portion
of the methyltestosterone tablets failed to bear labels containing the common or
usual name of the active ingredients of the drugs; and, Section 502 (f) (2),
the repackaged methamphetamine 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, in such manner and form, as are
necessary for the protection of users.
DISPOSITION : November 20,1952. Pleas of nolo contendere having been entered,
the court imposed a fine of $200 against the corporation, $75 against De-
fendant Preston, and $45 against Defendant Clark.