3404. Misbranding of Dexedrine Sulfate tablets and sulfathiazole tablets. IT. S.
v. East Side Pharmacy. Plea of guilty. Fine, $250. (F. D. C."No. 30039.
Sample Nos. 64613-K, 64624-K, 64625-K, 64650-K, 64658-K.)
INFORMATION FILED : March 29,1951, District of South Dakota, against the East
Side Pharmacy, a partnership, Sioux Falls, S. Dak.
INTERSTATE SHIPMENT : From the States of Pennsylvania and Indiana into the
State of South Dakota, of quantities of Dexedrine Sulfate tablets and sulfa-
thiazole tablets.
ALLEGED VIOLATION : On or about November 16, 1949, and January 10 and April
4 and 12, 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 prescription, which acts of the defendants
resulted in the repackaged drugs being misbranded.
NATURE OF CHARGE : Misbranding, Sections 502 (b) (1) and (2), the repackaged
drugs failed to bear labels containing the name and place of business of the
manufacturer, packer, or distributor, and statements of the quantity of the
contents; and, Section 502 <e) (1), the repackaged drugs failed to bear labels
sulfathiazole.
Further misbranding, Section 502 (f) (1), the repackaged Dexedrine Sulfate
tablets bore no labeling containing directions for use; and, Section 502 (f) (2),
the labeling of the repackaged, sulfathiazole tablets bore no 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 : April 12, 1951. A plea of guilty having been entered, the court
imposed a fine of $250.