3363. Misbranding of Benzedrine Sulfate tablets and methyltestosterone tablets.    (
IJ. S. v. Oliver W. Anderson (Wyre's Pharmacy).   Plea of guilty.   Fine     v
*See also Nos. 3361, 3362.
: '"      -" "'

331
of $200, plus costs.    (F. D. C, No. 29988.    Sample Nos. 52072-K, 52100-K,
7222fT-K, 72232-K, 72236-K, 72769-K.)
INFORMATION FILED: November 6, 1950, Northern District of Ohio, against
Oliver W. Anderson, trading as Wyre's Pharmacy, Barberton, Ohio.
INTERSTATE SHIPMENT : From the States of Pennsylvania and Indiana into
the State of Ohio, of quantities of Benzedrine Sulfate tablets and methyl-
testosterone tablets.
ALLEGED VIOLATION : On or about October 28 and December 29,1949, and Febru-
ary 21 and March 11,15, and 16,1950, while the drugs were being held for sale
after shipment in interstate commerce, the defendant caused quantities of the
drugs to be repacked and sold without a prescription, which acts resulted
in the repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing statements of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the repackaged drugs failed to bear
adequate directions for use in that the directions on the labeling of the Ben-
zedrine Sulfate tablets, namely, "As directed" and "? tab before breakfast
y2 tab before Lunch ? tab before Dinner," were not adequate directions
for use, and in that the labeling of the methyltestosterone tablets bore no
directions for use.
Further misbranding, Section 502 (e) (1), the repackaged Benzedrine Sul-
fate tablets failed to bear a label containing the common or usual name of
the drug.
DISPOSITION: February 26, 1951. A plea of guilty having been entered, the
court imposed a fine of $200, plus costs, against the defendant.