3504. Misbranding of Donnatal tablets, Benzedrine Sulfate tablets, Tuinal cap-
sules, and Dexedrine Sulfate tablets. U. S. v. Wiles Drug Store, a part-
nership, and Clyde B. Wiles and W. Paul Wiles.   Pleas of nolo con-

tendere. Fine of $750 against Clyde B. Wiles and partnership on 4
counts of information; fine of $750 against W. Paul Wiles and part-
nership on remaining 4 counts of information. (F. D. C. No. 30807.
Sample Nos. 76805-K, 76817-K, 76824-K, 76825-K, 76829-K, 76830-K,
76832-K, 76833-K.)
INFORMATION FILED: July 6, 1951, Western District of Tennessee, against the
Wiles Drug Store, a partnership, Memphis, Tenn., and against Clyde B. Wiles
and W. Paul Wiles, partners in the partnership.
INTEESTATE SHIPMENT : From the States of Virginia, Indiana, and Pennsylvania,
into the State of Tennessee, of quantities of Dormatal tablets, Benzedrine
Sulfate tablets, Tuinal capsules, and Dexedrine Sulfate tablets.
ALLEGED VIOLATION : On or about August 4 and 27, and September 18, 24, and
28, 1950, while the drugs were being held for sale at the Wiles Drug Store
after shipment in interstate commerce, various quantities of the drugs were
repacked and sold without a prescription, which acts resulted in the repack-
aged drugs being misbranded.
Wiles Drug Store was charged in each of the 8 counts of the information,
Clyde B. Wiles in 4 counts, and W. Paul Wiles in the remaining 4 counts,
with causing the acts of repacking and sale of 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 failed to bear
adequate directions for use in that the directions "One three times a day"
borne on the labeling of the Donnatal tablets, "One-half tablet one hour
before meals" borne on the labeling of the Benzedrine Sulfate tablets, "One
at bedtime" borne on the'labeling of the Tuinal capsules, and "One twice a
day" borne on the labeling of the Dexedrine Sulfate tablets were not adequate
directions for use.
Further misbranding, Section 502 (d), the Donnatal tablets and the Tuinal
capsules contained derivatives of barbituric acid, which derivatives have been
found to be, and by regulations designated as, habit forming; and the label
of the repackaged drugs failed to bear the name, and quantity or proportion
of such derivatives and in juxtaposition therewith the statement "Warning-
May be habit forming."
Further misbranding, Section 502 (e) (1), the Benzedrine Sulfate tablets
and the Dexedrine Sulfate tablets failed to bear labels containing the com-
mon or usual name of such drugs; and, Section 502 (e) (2), the repackaged
Donnatal tablets contained hyoscyamine sulfate, hyoscine hydrobromide, and
atropine sulfate, and the label of such repackaged tablets failed to bear the
name, and quantity or proportion of such substances.
DISPOSITION : July 12, 1951. Pleas of nolo contendere having been entered,
the court fined Clyde B. Wiles and the partnership $750 on 4 counts of the
information and W. Paul Wiles and the partnership $750 on'the remaining
4 counts of the information.