1003. Misbranding of benzedrine sulfate tablets. U. S. v. Louis I,. Patt (Courtesy
Drug: Store) and Louis Spiegel. Pleas of nolo contendere. Fine of $2O0
against Louis L. Patt} imposition of sentence against Louis Spiegel
suspended for 1 year.    (F. D. C. No. 20117.   Sample No. 32225-H.)
INFORMATION FILED : April 24, 1946, District of Arizona, against Louis L. Patt,
trading as the Courtesy Drug Store, at Phoenix, Ariz., and Louis Spiegel, an
employee.
INTERSTATE SHIPMENT: Between the approximate dates of June 5 and July 3,
1945, from Philadelphia, Pa., of 1 bottle containing 250 benzedrine sulfate tab-
lets.
PRODUCT: The drug had been made for use exclusively by or on the prescrip-
tion of physicians, and its label bore the statement, "Caution: To be used
only by or on the prescription of a physician." As a result, it was not required
to comply with Section 502 (f) (1), which requires that adequate directions
for use appear in the labeling.
LABEL, TS PAST:   "10 mg. Benzedrine Sulfate Tablets."
NATURE OF CHARGE: On or about July 27,1945, while 11 tablets of the drug were
being held for sale after shipment in interstate commerce, the defendants
caused them to be sold, delivering them to the purchaser in the bottle labeled
as indicated above, without a physician's prescription. The sale of the tablets
by the defendant caused the exemption to expire and resulted in the mis-
branding of the drug in violation of Section 502 (f) (1), since the drug bore no
labeling containing directions for use.
DISPOSITION : May 13, 1946. Pleas of nole contendere having been entered, the
court imposed a fine of $200 against Louis L. Patt. Imposition of sentence
against Louis Spiegel was suspended for 1 year, and he was placed on proba-
tion for a like period.