3705. Misbranding of dextro-amphetamine sulfate tablets and Amytal tablets.
U. S. v. Widder's Pharmacy, Inc., and Abraham Kass and Jacob Kass.
Pleas of guilty.   Corporation fined $150, Abraham Kass fined $150, and
Jacob Kass fined $150, together with costs.   (F. D. C. No. 32748.   Sample
Nos. 9633-L to 9638-L, incl.)
INFORMATION FILED :    March 24,1952, against Widder's' Pharmacy, Inc., Chicago,
111., and Abraham Kass, secretary-treasurer, and Jacob Kass, president of the
corporation.
INTERSTATE SHIPMENT : Prior to the dates of the sales set forth below, various
quantities of dextroamphetamine sulfate tablets and Amytal tablets were
shipped in interstate commerce into the State of Illinois.
ALLEGED VIOLATION : On March 14,15, and 27, and April 4, 5, and 17, 1951, while
the drugs were being held for sale after shipment in interstate commerce, the
defendants caused various quantities of the drugs to be repackaged and sold
without a physician's prescription, which acts resulted in the drugs being
misbranded.
The Widder's Pharmacy, Inc., was charged with causing the acts of repack-
ing and sale of the drugs involved in each of the 6 counts of the informa-
tion ; and, in addition, Abraham Kass was charged with the violations involved
in 3 counts and Jacob Kass was charged with the violations involved in the
remaining counts of the information.
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 accurate 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.
Further misbranding, Section 502 (d), the Amytal tablets contained a chem-
ical derivative of barbituric acid, which derivative has been found to be, and
by regulations designated as, habit forming; and the repackaged tablets bore
no label containing the name, and quantity or proportion of such derivative
and in juxtaposition therewith the statement "Warning-May be habit
forming."
Further misbranding, Section 502 (e) (2), the repackaged dextroampheta-
mine sulfate tablets failed to bear a label containing the common or usual name
of each active ingredient of the drug.
DISPOSITION : April 22, 1952. Pleas of guilty having been entered, the court
fined the corporation $25 on each of the 6 counts of the information, and fined
both Abraham Kass and Jacob Kass $50 on each of the 3 counts in which they
were named  as  defendants,   a  total  fine   of  $450,  together  with  costs.