2794. Misbranding of benzedrine sulfate tablets and benadryl hydrochloride
kapseals. U. S. v. Harry Kaplan, pharmacist for Fienup's Drug Co.
Plea of guilty. Fine, $501. (F. D. C. No. 26289. Sample Nos. 27025-K,
27745-K.)
INFORMATION FILED : December 14, 1948, Eastern District of Missouri, against
Harry Kaplan, a pharmacist for Fienup's Drug Co., St. Louis, Mo.
INTERSTATE SHIPMENT : Between the approximate dates of January 22 and April
30, 1948, from Philadelphia, Pa., and Detroit, Mich., to St. Louis, Mo., of
a number of bottles of benzedrine sulfate tablets and benadryl hydrochloride
kapseals.
LABEL, WHEN SHIPPED: "Benzedrine Sulfate Tablets [or "Kapseals Benadryl
Hydrochloride"] * * * Caution: To be dispensed only by or on the pre-
scription of a physician."
ALLEGED VIOLATION : On or about May 26 and June 2,1948, while the drugs were
being held for sale after shipment in interstate commerce, the defendant
caused quantities of the drugs to be removed from the bottles in which they
had been shipped, repacked the drugs into boxes, and sold them without a
prescription, which acts by the defendant resulted in the repackaged drugs
being misbranded. The repackaged benzedrine sulfate tablets were unlabeled.
The repackaged benadryl hydrochloride kapseals were labeled "Benadryl
50 Mgn."
Misbranding, Section 502 (b) (1), the repackaged drugs failed to bear
labels containing the name and place of business of the manufacturer, packer,
or distributor; Section 502 (b) (2), the repackaged drugs bore no label con-
taining a statement of the quantity of the contents; and, Section 502 (f) (1),
the boxes containing the repackaged drugs bore no labeling containing direc-
tions for use. Further misbranding, Section 502 (e) (2), the repackaged
benzedrine sulfate tablets were not designated solely by a name recognized
in an official compendium and were fabricated from two or more ingredients,
and they failed to bear a label showing the common or usual name of the
active ingredient.
imposed a fine of $501.