4126. Misbranding of sulfadiazine tablets, methamphetamine hydrochloride tab-
lets, and dextro-amphetamine sulfate tablets. U. S. v. Walter Glen
Huffman (Economy Drug Store).   Plea of nolo contendere.   Fine, $75.
(F. D. 0. No. 34815.   Sample Nos. 11939-L, 12377-L, 12731-L.)
LIBEL FILED: April 23, 1953, Northern District of Ohio, against Walter Glen
Huffman, trading as the Economy Drug Store, Toledo, Ohio.
ALLEGED VIOLATION: On or about March 13 and 17, 1952, while a number of
sulfadiazine tablets, methamphetamine hydrochloride tablets, and dextro-am-
phetamine sulfate tablets were being held for sale at the Economy Drug Store,
after shipment in interstate commerce, the defendant caused one bottle of
methamphetamine hydrochloride tablets to be dispensed in the original bottle
in which such tablets had been shipped in interstate commerce, without the
prescription of a physician, and caused also various quantities of the other
drugs to be repacked and dispensed without prescriptions, which acts resulted
in the drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (f) (1), the labeling of the
methamphetamine hydrochloride tablets failed to bear adequate directions for
use (the bottle in which the tablets had been shipped in interstate commerce
bore no directions for use since it was exempt from such requirements by the
statement on the label "Caution: To be dispensed only by or on the prescription
of a physician." The act of the defendant in causing the dispensing of the
drug without a physician's prescription caused the exemption to expire).
Further misbranding, Section 502 (b) (1) and (2), the repackaged drugs
failed to bear labels containing the name and place of business of the manu-
facturer, packer, or distributor, and an accurate statement of the quantity
of the contents; Section 502 (f) (1), the labeling of the repackaged drugs
failed to bear adequate directions for use; and, Section 502 (f) (2), the label-
ing of the repackaged sulfadiazine tablets failed to bear adequate warnings
against use in those pathological conditions where its 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 23, 1953. The defendant having entered a plea of nolo con-
tendre, the court fined him $75.