3723. Misbranding of dextroamphetamine sulfate tablets, methamphetamine
hydrochloride tablets, and diethylstilbestrol tablets. U. S. v. Frank
Schwilk (Schwilk's Pharmacy). Plea of nolo contendere. Fine, $300.
(F. D. C. No. 31283. Sample Nos. 84692-K, 10862-L, 11057-L, 11663-1.,
11953-L.)
INFORMATION FILED : On or about January 21, 1952, Southern District of Ohio,
against Frank Schwilk, trading as Schwilk's Pharmacy, at Dayton, Ohio.
INTERSTATE SHIPMENT : From the States of Pennsylvania, Illinois, and Indiana,
into the State of Ohio, of quantities of dextroamphetamine sulfate tablets,
methamphetamine hydrochloride tablets, and diethylstilbestrol tablets.
ALLEGED VIOLATION : On or about December 18,1950, and January 5 and 16 and
February 7 and 8, 1951, while the drugs were being held for sale after ship-
ment in interstate commerce, the defendant caused various quantities of the
drugs to be repacked and dispensed without a physician's 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 an accurate 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.
Further misbranding, Section 502 (b) (1), a portion of the dextroampheta-
mine sulfate tablets and a portion of the repackaged methamphetamine hydro-
chloride tablets failed to bear labels containing the name and place of business
of the manufacturer, packer, or distributor; and, Section 502 (f) (2), all of
the methamphetamine hydrochloride tablets failed to bear adequate warnings
against use in those pathological conditions where their use may be dangerous
to health, and against unsafe dosage and methods and duration of adminis-
tration, in such manner and form, as are necessary for the protection of users.
DISPOSITION : April 24, 1952. A plea of nolo contendere having been entered,
the court imposed a fine of $300.