4462. Misbranding of secobarbital sodium capsules and tablets containing a
mixture of amobarbital and dextroamphetamine sulfate. U. S. v. Bo-
gard Drug Co. and Joseph A. Bogard. Pleas of nolo contendere. Fine
of   $400   against   company,   and  $100   against  individual,  plus  costs.
(F. D. C. No. 35799.    Sample Nos. 61994-L, 61995-L, 61998-L, 61999-L.)
INPOEMATION FILED : March 31, 1954, District of Nebraska, against the Bogard
Drug Co., a corporation, Omaha, Nebr., and Joseph A. Bogard, vice president
of the corporation and manager of its store.
NATURE OF CHARGE : On or about October 27 and 29 and November 2 and 4,1953,
while a number of secobarbital sodium capsules and tablets containing a
mixture of amobarbital and dextro-amphetamine sulfate were being held for
sale at the Bogard Drug Co., after shipment in interstate commerce, the de-
fendants caused various quantities of the drugs to be dispensed upon requests
for refills of written prescriptions therefor without obtaining authorization
by the prescriber. Such acts of dispensing were contrary to Section 503 (b)
(1) , and resulted in the dispensed drugs being misbranded while held for
sale.
DISPOSITION : May 13,1954. Pleas of nolo contendere having been entered, the
court imposed a fine of $400 against the corporation and $100 against the in-
dividual, plus costs.