3322. Misbranding of Dexedrine Sulfate tablets and Benzedrine Sulfate tablets.
U. S. v. John C. Booth (Booth Prescription Pharmacy). Plea of nolo
contendere. Fine $100 on each of first 2 counts of information; sen-
tence suspended on remaining 2 counts. (F. D. C. No. 30012. Sample
Nos. 75170-K, 75174-K, 75175-K, 75179-K.)
INFORMATION FILED :   December 13, 1950, District of New Mexico, against John
C. Booth, trading as the Booth Prescription Pharmacy, Portales, N. Mex.
INTERSTATE SHIPMENT :   From the State of Texas into the State of New Mexico,
of quantities of Dexedrine Sulfate tablets and Benzedrine Sulfate tablets.
ALLEGED VIOLATION :   On or about April 30 and May 1 and 2, 1950, while the
drugs were being held for sale after shipment in interstate commerce, the
defendant caused various quantities of the drugs to be repacked and sold
without a physician's prescription, which acts resulted in the repackaged (
drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
bore no labels containing, statements of the quantity of the contents; and,
Section 502 (f) (1), the labeling of the repackaged drugs bore no directions
for use.
, ;..
Further misbranding, Section 502 (b) (1), 1 of the 3 lots of the repackaged
Dexedrine Sulfate tablets and 1 lot of the repackaged Benzedrine Sulfate
tablets failed to bear labels containing the name and place of business of .the
manufacturer, packer, or distributor.
DISPOSITION :   January 2, 1951.   A plea of nolo contendere having been entered,
,the court imposed a fine of $100 on each of the first 2 counts of the informa-
/tion and suspended the imposition of sentence on the remaining 2 counts.