U.S. Department of Health, Education, and Welfare FOOD AND DRUG ADMINISTRATION NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] 6481-6500 DRUGS AND DEVICES The cases reported herewith were instituted in the United States district courts by United States attorneys, acting upon reports submitted by the Depart- ment of Health, Education, and Welfare. They involve drugs and devices which were adulterated or misbranded within the meaning of the Act when introduced into and while in interstate commerce or while held for sale after shipment in interstate commerce. These cases involve (1) seizure proceedings in which de- crees of condemnation were entered after default or consent; (2) a criminal proceeding terminated upon a plea of guilty; and (3) an injunction proceeding terminated upon the entry of a permanent injunction by consent. The seizure proceedings are civil actions taken against the goods alleged to be in violation, and the criminal and injunction proceedings are against the firms Or individuals charged to be responsible for violations. Published by direction of the Secretary of Health, Education, and Welfare. GEO. P. LABBICK, Commissioner of Food and Drugs. WASHINGTON, D.C., March 23, 1962. CONTENTS* Page New drugs shipped without effective application 350 Violative sales of prescription drugs 351 Drugs actionable because of failure to bear adequate directions or warning statements 3 52 Page Drugs and device actionable be- cause of deviation from official or own standards 355 Drugs and device actionable be- cause of false and misleading claims 359 Index 370 *For presence of a habit-forming substance without warning statements, see No. 6481; an imitation of, and sale under name of, another drug, No. 6482; failure to bear a label containing the name and place of business of the manufacturer, packer, or distributor, No. 6484. 629973-62 1 349 SECTIONS OF FEDERAL FOOD, DRUG, AND COSMETIC ACT INVOLVED IN VIOLATIONS REPORTED IN DJ>.NJ. NOS. 6481-6500 Adulteration, Section 501(b), the article purported to be and was represented as a drug, the name of which is recognized in an official compendium (United States Pharmacopeia), and its strength differed from, or its quality fell below, the standard set forth in such compendium; and Section 501(c), the article was not subject to the provisions of Section 501(b), and its strength differed from, or its* purity or quality fell below, that which it purported or was represented to possess. Misbranding, Section 502(a), the labeling of the article was false and mis- leading; Section 502(b) (1), the article was in package form, and it failed to bear a label containing the name and place of business of the manufacturer, packer, or distributor; Section 502(d), the article contained a chemical deriva- tive of barbituric acid, and its label failed to bear the name and quantity or proportion of such derivative and, in juxtaposition therewith, the statement "Warning-May be habit forming"; Section 502(f), the labeling of the article failed to bear (1) adequate directions for use, and (2) adequate warnings against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users; Section 502 (i) (2), the article was an imitation of another drug; Section 502(i) (3), the article was offered for sale under the name of another drug; and Section 503 (b) (1), the article was dispensed without a prescription from a practitioner licensed by law to administer the article. New-drug violation, Section 505(a), the article was a new drug within the meaning of Section 201 (p), which was introduced into interstate commerce, and an application filed pursuant to Section 505(b) was not effective with respect to such drug. NEW DRUGS SHIPPED WITHOUT EFFECTIVE APPLICATION 6481. Delfetamine Stedytabs and Delfeta-Sed Stedytabs. (F.D.C. No. 44603. S.Nos. 4-020/1 R.) QUANTITY : 2 drums, each containing about 50,000 tablets, and 118 30-tablet ctns., of Delfetamvne Stedytabs, and 278 30-tablet ctns., of Delfeta-Sed Stedytabs, at Baltimore, Md., in possession of Eastern Research Laboratories, Inc. SHIPPED: Between 11-16-58 and 3-21-60, from St. Louis, Mo., by Victor M. Hermelin & Co. LABEL IN PAST: (Drum) "Delfetamine, 30 Mg. Stedytabs Each tablet con- tains : *Delfatamine 30 mg. Caution * * * Average dose * * * Manufactured by a special process * * * to provide prolonged continuous therapeutic effect from active ingredient over a period up to 8-12 hours. * Registered Trademark of dl-N-methyl-beta-phenylisopropylamine Hydrochloride. Victor M. Hermelin and Company, New Products Division of K-V Pharmacal Company, St. Louis 17, Missouri"; (ctn.) "Stedytabs Sustained Release Tablets Delfetamine dextro-levo N-methylamphetamine HC1 * * * Eastern Research Laboratories, Inc., Baltimore 1, Maryland"; and "Stedytabs Sustained Release Tablets Delfeta-sed Delfetamine With Sedafax * * * Eastern Research Labora- tories, Inc., Baltimore 1, Maryland." RESULTS OF INVESTIGATION : Examination showed that the articles contained (Delfetamine Stedytabs) methamphetamine HC1, and (Delfeta-Sed Stedytabs) methamphetamine HC1 and amobarbital. The tablets in the cartons were repacked by the dealer from bulk stock shipped as described above. LIBELED : 6-3-60, Dist. Md. CHARGE: 502(d)-while held for sale, the Delfeta-Sed Stedytabs contained a habit forming drug, amobarbital, a derivative of barbituric acid, and their label failed to bear the name of the drug and in juxtaposition therewith the statement "Warning-May be habit forming"; and 505(a)-the Delfetamine Stedytabs and the Delfeta-Sed Stedytabs were new drugs which may not be introduced into interstate commerce since applications filed pursuant to the law were not effective with respect to such drugs. DISPOSITION : 8-8-60. Default-destruction. 6482.?Meprobamate tablets, chlorothiazide tablets, and hydrochlorothiazide tab