Misbranding of Dexedrine Sulfate tablets. U. S. v. Mark Halsey Drug
Stores, William C. Reynolds, Arthur D. Purswell, and James C. Richards.
Pleas of nolo contendere. Mark Halsey Drug Stores fined $500; William
C. Reynolds, Arthur D. Purswell, and James C. Richards each fined $100.
(F. D. C. No. 29431. Sample Nos. 68012-K, 68015-K, 68016-K, 68095-K.)
INFORMATION FILED: July 15, 1950, Northern District of Texas, against Mark
Halsey Drug Stores, a partnership, Lubbock, Tex., and William C. Reynolds,
Arthur D, Purswell, and James C. Richards. The Mark Halsey Drug Stores
was charged with causing the sales in each of the 4 counts of the information;
William C Reynolds was charged with the sale in count 1; Arthur D. Purswell
was charged with the sale in counts 2 and 4; and James C. Richards was charged
with the sale in count 3.
INTERSTATE SHIPMENT: On or about October 11, 1949, from Philadelphia, Pa.,
into the State of Texas, of quantities of Dexedrine Sulfate tablets.
ALLEGED VIOLATION : On or about November 16, 18, 19, and 21, 1949, while the
drug was being held for sale after shipment in interstate commerce, the de-
fendants repacked and caused to be repacked a number of tablets of the drug,
and sold and caused the tablets to be sold without a prescription, which acts
of the defendants resulted in the drug being misbranded. Portions of the
repackaged Dexedrine Sulfate tablets were labeled in part: "Mark Halsey
Drug Store No. 2   College and Broadway   Dial 4656   Lubbock, Texas."
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drug
failed to bear a label containing an accurate statement of the quantity of
the contents; Section 502 (b) (1), portions of the repackaged drug failed
to bear a label containing the name.and place of business of the manufacturer,
packer, or distributor; and, Section 502 (f) (1), the repackaged drug bore
no labeling containing directions for use.
DISPOSITION : September 27,1950. Pleas of nolo contendere having been entered,
the court imposed a fine of $500 against the partnership on count 1 and sus-
pended the imposition of sentence against the partnership on the remaining 3
counts; William C. Reynolds was fined $100 on count 1; Arthur D. Purswell
was fined $100 on count 2, was given a suspended sentence, and was placed on
probation for 1 year on count 4; and James C. Richards was fined $100 on
count 3.
3263 Misbranding of diethylstilbestrol tablets, Dexedrine Sulfate tablets, and
sulfadiazine and sodium bicarbonate tablets. U. S. y. Evans Drug Co.,
Inc., and Robert H. Wyatt, Walter M. Boyett, and Ralph H. Duncan.
Pleas of nolo contendere by all defendants. The corporation, Robert H.
Wyatt, and Walter M. Boyett each fined $100; Ralph H. Duncan fined $50.
(F. D. C. No. 29127, Sample Nos. 27074-K, 61723-K, 61725-K, 61741-K,
62073-K.)
INFORMATION FILED : June 7,1950, Western District of Kentucky, against Evans
Drug Co., Inc., Mayfield, Ky., and Robert H. Wyatt, president, and Walter M.
Boyett and Ralph H. Duncan, pharmacists.
INTERSTATE SHIPMENT : From the States of Indiana and Pennsylvania into the
State of Kentucky, of quantities of diethylstilbestrol tablets, Dexedrine Sulfate
tablets, and sulfadiazine and sodium bicarbonate tablets.
ALLEGED VIOLATION : On or about September 10, 24, 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 repackaged and sold
without a prescription, which acts of the defendants resulted in the repackaged
drugs being misbranded.
The five counts of the information charged violations by the corporation and
its president, Robert H. Wyatt. Ralph H. Duncan was joined as a defendant
in count 1, charged with making the sale involved in that count, and Walter
M. Boyett was joined as a defendant in counts 4 and 5, charged with making
the sales involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the repackaged di-
ethylstilbestrol tablets and the Dexedrine Sulfate tablets failed to bear labels
containing the name and place of business of the manufacturer, packer, or
distributor; Section 502 (h) (2), all of the repackaged drugs failed to bear
labels containing statements of the quantity of the contents; Section 502 (f)
(1), they failed to bear labeling containing directions for use; and, Section
502 (f) (2), the sulfadiazine and sodium bicarbonate 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: October 23, 1950. Pleas of nolo contendere having been entered
on behalf of the corporation and Robert H. Wyatt, the court fined each of
these defendants $100 and dismissed counts 3, 4, and 5 against them. Pleas
of nolo contendere haying been entered by Walter M. Boyett to counts 4 and 5
and by Ralph H. Duncan to count 1, the former was fined $100 and the latter $50.