3143. Misbranding of dextro-amphetamine phosphate tablets, sulfadiazine tab-
lets, Tuinal capsules, Seconal sodium capsules, and Dexedrine sulfate
Tablets. U. S. v. Weipert Drug Co., a corporation, and James V. Cock-
rum, Clyde Frick, and Alfred Hoffman. Plea of guilty for corporation;
pleas of nolo contendere for individual defendants. Fine of $2,000 against
corporation; sentences suspended against individual defendants and
these defendants placed on probation for 1 year. (F. D. C. No. 28141.
Sample Nos. 60870-K, 60905-K, 60919-K, 60941-K, 60951-K, 60953-K,
60957-K, 60960-K.)
INFORMATION FILED: March 8, 1950, Eastern District of Missouri, against the
Weipert Drug Co., a corporation, St. Louis, Mo., and against James V. Cockrum,
secretary and pharmacist, and Clyde Frick and Alfred Hoffman, pharmacists,
for the corporation.
INTERSTATE SHIPMENT : From the States of New York, Indiana, and Pennsyl-
vania, into the State of Missouri, of quantities of dextro-amphetamine phos-
phate tablets, sulfadiazine tablets, Tuinal capsules, Seconal sodium capsules,
and Dexedrine sulfate tablets.
ALLEGED VIOLATION : On or about June 14, July 7, and August 9, 19, 21, 22, and
23, 1949, while a number of the above-mentioned tablets and capsules were
being held for sale at the Weipert Drug Go. after shipment in interstate com-
merce, various quantities of the tablets and capsules were repacked and sold
without a prescription, which acts resulted in the repackaged tablets and cap-
sules being misbranded. The Weipert Drug Co. and James V. Oockrum were
charged with causing the acts of repacking and sale of the drugs involved
in each of the eight counts of the information; and, in addition, Alfred Hoffman,
in three of the counts, and Clyde Frick, in one of the counts, were charged with
causing such acts to be done in connection with the drugs involved in those
counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the repackaged dextro-
amphetamine phosphate tablets, sulfadiazine tablets, Dexedrine sulfate tablets,
and a portion of the repackaged Seconal sodium capsules bore no label con-
taining the name and place of business of the manufacturer, packer, or
distributor; Section 502 (b) (2), the repackaged drugs bore no label containing
a statement of the quantity of the contents; and Section 502 (e) (1), the
repackaged dextroamphetamine phosphate tablets failed to bear a label con-
taining the common or usual name of such tablets, namely, dextroamphetamine
phosphate.
Further misbranding, Section 502 (d), the Tuinal capsules and Seconal
sodium, capsules contained chemical derivatives of barbituric acid, which deriv-
atives had been by the Administrator of the Federal Security Agency, after
investigation, found to be, and by regulations designated as, habit forming; and
when repackaged, failed to bear labels containing the name, and quantity or
proportion of such derivatives and in juxtaposition therewith the statement
"Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of each of the re-
packaged drugs failed to bear adequate directions for use since the directions
on the labeling of the repackaged Tuinal capsules and on the labeling of a
portion of the Seconal sodium capsules, namely, "One as needed," were not
adequate directions for use, and since the labeling of a portion of the Seconal
sodium capsules and the labeling of the dextroamphetamine phosphate tablets,
sulfadiazine tablets, and Dexedrine sulfate tablets bore no directions for use;
and, Section 502 (f) (2), the repackaged dextro-amphetamine phosphate tablets
and sulfadiazine tablets bore no labeling containing warnings against use in
those pathological conditions where their use may be dangerous to health, and
against unsafe dosage and methods and duration of administration.
DISPOSITION : June 5,1950. A plea of guilty was entered on behalf of the corpo-
ration and a plea of nolo contendere was entered on behalf of each individual
defendant. The court thereupon imposed a fine of $2,000 against the corpora-
tion, suspended the imposition of sentences against the individual defendants,
and placed the individual defendants on probation for 1 year.