4102. Misbranding of Dexedrine Sulfate tablets and Seconal Sodium capsules.
IT. SL v. Harold Saber (Nace Drug Co.). Plea of guilty. Fine of $150 on
count 1; imposition of sentence on count 2 suspended and defendant
placed on probation for 18 months. (F. D. C. No. 34355. Sample Nos.
37331-L, 37897-L.)
INFORMATION FILED: March 13, 1953, District of New Jersey, against Harold
Saber, trading as the Nace Drug Co., Asbury Park, N. J.
NATURE OF CHARGE: On or about May 16 and 20, 1952, while quantities of
Dexedrine Sulfate tablets and Seconal Soffium capsules were being held for
sale at the Nace Drug Co., after shipment in interstate commerce, the de-
fendant caused quantities of the drugs to be dispensed upon requests for
refills of written prescriptions, without obtaining authorization by the pre-
scribing physician. These acts of dispensing were contrary to the provisions
of Section 503 (b) (1), and resulted in the drugs so dispensed being mis-
branded while held for sale.
DISPOSITION: June 12, 1953. The defendant having entered a plea of guilty,
the court fined him $150 on count 1, suspended the imposition of a sentence
on count 2, and placed him on probation for 18 months.