3963. Misbranding of diethylstilbestrol tablets and methamphetamine hydro-
chloride tablets.  U. S. v. Harold W. Krupp (Krupp Drug Co.), and Sidney
W. Fine.   Pleas of nolo contendere.   Fine of $100, plus costs, against
each defendant.    (F. D. O. No. 33759.    Sample Nos. 12084-L, 12111-L,
36626-L.)
INFORMATION FILED :   January 28, 1953, Western District of Kentucky, against
Harold W. Krupp, trading as the Krupp Drug Co., Louisville, Ky., and Sidney
W. Fine, a pharmacist.
.NATURE OF CHARGE:    On or about April 4 and 24, 1952, while a number of
diethylstilbestrol tablets and methamphetamine hydrochloride tablets were be-
ing held for sale at the Krupp Drug Co., after shipment in interstate com-
merce, various quantities of the drugs were repacked and dispensed without
a physician's prescription, which acts resulted in the repackaged drugs being
misbranded as follows:
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 an accurate statement of the quantity of the contents; Sec-
tion 502 (e) (2), the repackaged diethylstilbestrol tablets failed to bear the
common or usual name of each active ingredient of the drug; and, Sections
502 (f) (1) and (2), the labeling of the repackaged drugs failed to bear ade-
quate directions for use and adequate warnings against use in those patho-
logical conditions where their use may be dangerous to health, and against 'un-
safe dosage and methods and duration of administration, in such manner and
form, as are necessary for the protection of users. Harold W. Krupp was
?charged with causing the acts of repacking and dispensing with respect to
each of the drugs, and Sidney W. Fine was joined as a defendant in the count
of the information relating to the above-mentioned methamphetamine hydro-
chloride tablets.
On or about April 28, 1952, while a number of methamphetamine hydro-
chloride tablets were being held for sale at the Krupp Drug Co., after shipment
in interstate commerce, Harold W. Krupp and Sidney W. Fine caused a num-
ber of the tablets to be dispensed without a prescription from a practitioner
to the provisions of Section 503 (b)  (1) and resulted in the dispensed drug
being misbranded.
DISPOSITION:   March 13, 1953.   The defendants having entered pleas of nolo   f
contendere, the court fined each defendant $100, plus costs.