3145. Misbranding of sulfadiazine tablets and sulfathiazole tablets. U. S. v.
Howard B. Ridley and Albert G. Nickleberry. Pleas of nolo contendere.
Fine of $250 against each defendant. (F. D. O. No. 28153. Sample
Nos. 32074-K, 34121-K, 34162-K.)
INFORMATION FILED : April 19, 1950, Northern District of California, against
Howard B. Ridley, a partner in the partnership of Center Pharmacy, Oakland,
Calif., and Albert G. Nickleberry, a pharmacist for the partnership.
INTEBSTATE SHIPMENT: From North Chicago, 111., and Indianapolis, Ind., into
the State of California, of quantities of sulfathiazole tablets and sulfadiazine
tablets.
ALLEGED VIOLATION : On or about January 13 and April 25 and 28, 1949, while
the drugs were being held for sale after shipment in interstate commerce,
the defendants caused various quantities of the drugs to be repacked and
sold without a prescription, which acts of the defendants resulted in the repack-
aged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1), and (2), the repack-
aged drugs failed to bear labels containing the name and place of business of
the manufacturer, packer, or distributor, and a statement of the quantity of
the contents; Section 502 (e) (1), the repackaged drugs failed to bear labels
containing the common or usual names of the drugs; Section 502 (f) (1), the
repackaged drugs failed to bear labeling containing directions for use; and,
Section 502 (f) (2), the repackaged drugs 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 adminis-
tration.
DISPOSITION : June 9, 1950. Pleas of nolo contendere having been entered, the
court imposed a fine of $250 against each defendant.