4125. Misbranding of sulfisoxazole tablets.   U. S. v. Morris H. Bernett (Rex
Drugs), and George C. Hoss. Plea of not guilty by Defendant Bernett
and plea of guilty by Defendant Hoss. Tried to the court. Verdict of not
guilty as to Defendant Bernett. Fine of $50 against Defendant Hoss.
(F.D C. No. 33732.   Sample No. 26256-L.)
INFORMATION FILED: November 13, 1952, Eastern District of Pennsylvania,
against Morris H. Bernett, trading as Rex Drugs, Philadelphia, Pa., and George
C. Hoss, an employee.
ALLEGED VIOLATION: On or about January 19, 1952, while a number of sulfi-
soxazole tablets were being held for sale at Rex Drugs, after shipment in
repacked and dispensed without a physician's prescription, which acts resulted
in the tablets being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the tablets failed to V.
bear a label containing an accurate statement of the quantity of the contents;
Section 502 (e) (2), the tablets were fabricated from two or more ingredients,
and the label failed to bear the common or usual name of each active ingredi-
ent ; and, Section 502 (f) (1) and (2), the labeling of the tablets failed to bear
adequate directions for use and adequate warnings against use in those patho-
logical conditions where their use may be dangerous to health, and against "*
unsafe dosage and methods and duration of administration, in such manner
and form, as are necessary for the protection of users.
DISPOSITION : A plea of guilty was entered by Defendant Hoss and a plea of
not guilty by Defendant Bernett. The case against Defendant Bernett came
on for trial before the court on September 23, 1953, and at the conclusion of
the testimony, the court returned a verdict of not guilty with respect to this
defendant. Upon the basis of Defendant Hoss' plea of guilty, the court fined
him $50 on September 23, 1953.