3422. Misbranding of methyltestosterone tablets, Dexedrine Sulfate tablets, and
amphetamine sulfate tablets.   U. S. v. The Brant Building Pharmacy
Co. (Physicians Pharmacy), Louis Weiner, and Edward Vogler.  Pleas of
guilty.   Fine of $200, plus costs, against company; fine of $100 against
Louis Weiner, and $50 against Edward Vogler.    (F. D. 0. No. 30022.
Sample Nos. 52473-K, 72179-K, 72225-K, 72242-K, 72418-K.)
INFORMATION FILED :    April 2,1951, Northern District of Ohio, against The Brant
Building Pharmacy Co., a corporation, trading as Physicians Pharmacy, Can-
ton, Ohio; Louis Weiner, president and treasurer of the corporation; and
Edward Vogler, pharmacist for the corporation.
INTERSTATE SHIPMENT : From the States of New Jersey, Pennsylvania, and New
York, into the State of Ohio, of quantities of methyltestosterone tablets, Dexe-
drine Sulfate tablets, and amphetamine sulfate tablets.
ALLEGED VIOLATION : On or about December 17, 1949, and January 13, February
21, and March 25,1950, while the drugs were being held for sale at The Brant
Building Pharmacy Co. after shipment in interstate commerce, various quan-
tities of the drugs were repacked and sold without a prescription, which acts
resulted in the repackaged drugs being misbranded.
The Brant Building Pharmacy Co. and Louis Weiner were charged with
causing the acts of repacking and sale of the drugs involved in each of the 5
counts of the information; and, in addition, Edward Vogler was charged in 2
of the counts with causing such acts.to be done in connection with the drugs
involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing a statement of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the repackaged drugs bore no direc-
tions for use.
Further misbranding, Section 502 (b) (1), the repackaged amphetamine
sulfate tablets and a portion of the repackaged Dexedrine Sulfate tablets bore
no labels containing the name and place of business of the manufacturer,
packer, or distributor; and, Section 502 (e) (1), all of the repackaged
Dexedrine Sulfate tablets and amphetamine sulfate tablets failed to bear
labels containing the common or usual name of the drugs.
DISPOSITION: April 13, 1951. Pleas of guilty having been entered, the court
imposed a fine of $200, plus costs, against the corporation, a fine of $100 against
Louis Weiner, and a fine of $50 against Edward Vogler.