4124. Misbranding of Amytal Sodium capsules, dextroamphetamine sulfate tab
lets, amphetamine sulfate tablets, and methyltestosterone tablets.  U. S.
v. Drive-In Drug Store, a partnership, and Dale E. Dunn and Ralph C.
Dunn.   Pleas of guilty.   Fine of $1,500 against partnership; sentence of
1 year in jail against each individual suspended.    (F. D. C. No. 34864.
Sample Nos. 13812-L, 14562-L, 14565-L, 14570-L, 14571-L, 14575-L.)
INFORMATION FILED: On or about May 21, 1953, District of Utah, against the
Drive-in Drug Store, a partnership, Salt Lake City, Utah, and Dale E. Dunn,
a partner in the partnership, and Ralph C. Dunn, an. employee of the partner-
ship.
NATURE OF CHARGE : On or about September 19 and 29 and October 5, 14, and
22, 1952, while a number of Amytal Sodium capsules, dextroamphetamine
sulfate tablets, amphetamine sulfate tablets, and methyltestosterone tablets
were being held for sale at the Drive-In Drug Store, after shipment in inter-
state commerce, various quantities of these dregs were dispensed without a
prescription from a practitioner licensed by law to administer such drugs.
These acts of dispensing were contrary to the provisions of Section 503 (b) (1),
and resulted in the dispensed drugs being misbranded while held for sale.
The partnership was charged in each of the six counts of the information
with causing the dispensing of the drugs involved; Dale E. Dunn was joined
as a defendant in count 4 relating to the dispensing of a quantity of dextro-
amphetamine sulfate tablets, and Ralph C. Dunn was joined as a defendant
in the other counts of the information.
DISPOSITION : Pleas of guilty having been entered, the court, on June 27, 1953,
fined the partnership $6,000 and sentenced each individual to 1 year in jail.
On July 10, 1953, following a hearing on a motion for a reduction of the sen-
tence,, the court reduced the fine against the partnership to $1,500 and suspended
the jail sentence previously imposed against the individual defendants.
DRUGS ACTIONABLE  BECAUSE  OF  FAILURE  TO  BEAR ADEQUATE
DIRECTIONS OR WARNING STATEMENTS