3823. Misbranding of thyroid tablets, dextroamphetamine sulfate tablets,
methyltestosterone tablets, phenobarbital and mannitol hexanitrate
tablets, and elixir phenobarbital and thiamine. U. S. v. James H. Ford
(Ford's Drug Store), and Bruce R. Lucas. Pleas of nolo contendere.
James H. Ford fined $220 and Bruce R. Lucas fined $90. (F. D. C. No.
No. 32731. Sample Nos. 15534-L to 15536-L, incl., 15540-L, 15542-L,
15543-L, 15545-L, 15547-L.)
INFORMATION FILED: October 1, 1952, Western District of Oklahoma, against
James H. Ford, trading as Ford's Drug Store, Lawton, Okla., and Bruce R.
Lucas, a pharmacist.
INTERSTATE SHIPMENT : Prior to the dates of the sales reported below, various
quantities of thyroid tablets, dextroamphetamine sulfate tablets, methyl-
testosterone tablets, phenobarbital and mannitol hexanitrate tablets, and
elixir phenobarbital and thiamine were shipped in interstate commerce into
the State of Oklahoma.
ALLEGED VIOLATION: On or about October 11, 13, 15, and 22, 1951, while the
drugs were being held for sale at the Ford's Drug Store after shipment
in interstate commerce, various quantities of the drugs were repacked and
sold without physicians' prescriptions, which acts resulted in the repackaged
drugs being misbranded.
James H. Ford was charged in each of the 8 counts of the information and
Bruce R. Lucas in 6 counts with causing the acts of repacking ^rfj sale of the
drugs involved in those counts.
NATURE OF CHARGE : Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing statements of the quantity of the contents;
Section 502 (b) (1), with the exception of the elixir phenobarbital and thi-
amine and one sale of methyltestosterone tablets, the repackaged drugs failed
to bear labels containing the name and place of business of the manufacturer,
packer, or distributor; Section 502 (f) (1); the labeling of the drugs failed to
bear adequate directions for use; and, Section 502 (e) (2), the dextroampheta-
mine sulfate tablets were fabricated from two or more ingredients, and the label
failed to bear the common or usual name of each active ingredient of the drug.
Further misbranding, Section 502 (d), the phenobarbital and mannitol hexa-
nitrate tablets and the elixir phenobarbital and thiamine contained a chemical
regulations designated as, habit forming; and the labeling of the repackaged
^ drugs failed to bear the name, and quantity or proportion of such deriva-
tive and in juxtaposition therewith the statement "Warning-May be habit
foBming."
DISPOSITION : October 1, 1952. Pleas of nolo contendere having been entered,
the court imposed a fine of $220 against James H. Ford and $90 against Bruce
It. Lucas.