U. S. Department of Health, Education, and Welfare
FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
4241-4260
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district
courts by the United States attorneys, acting upon reports submitted by the
Department of Health, Education, and Welfare, and include, where indicated, the
results of investigations by the Department, prior to the institution of the pro-
ceedings. Published by direction of the Secretary of Health, Education, and
Welfare.
GEO. P. LARRICK, Commissioner of Food and Drugs.
WASHINGTON, D. C, December 9,1954.
CONTENTS*
Page
Violative    sales    of    prescription
drugs.___, 
230
Drugs actionable because of failure
to bear adequate directions or
warning statements 
232
Drugs actionable because of devia-
tion from official or own stand-
ards 
236
Page
Drugs and devices actionable be-
cause of false and misleading
claims 
 238
Drugs for human use 
 238
Drug for veterinary use 
 241
Index 
 241
* For presence of a habit-forming narcotic without warning statement, see Nos. 4248,
4249 ; omission of, or unsatisfactory, ingredients statements, Nos. 42.47-4249, 4252 ; failure
to bear a label containing an accurate statement of the quantity of the contents, Nos. 4247-
4249, 4252; failure to bear a label containing the name and place of business of the
manufacturer, packer, or distributor, Nos, 4247, 4248, 4252.
320999-54
229
VIOLATIVE SALES OF PRESCRIPTION DRUGS
4241. Misbranding of Amytal Sodium capsules, Seconal Sodium capsules, and
sulfadiazine tablets. U. S. v. Parke Drug Co., Samuel M. Larner, and
Charles Levine. Pleas of guilty. Fine of $1,000 against company, $350
against Defendant Larner, and $250 against Defendant Levine. Each
defendant also placed on probation for 1 year. (F. D. C. No. 34354.
Sample Nos. 37336-L, 37702-L, 37706-L, 37708-L, 37891-L, 37895-L,
37900-L.)
INFORMATION FILED: April 6, 1953, District of New Jersey, against the Parke
Drug Co., a corporation, Asbury Park, N. I., Samuel M. Larner and Charles
Levine, pharmacists for the corporation.
NATURE OF CHARGE : On or about May 6,13, 20, 27, and 28,1952, while a number
of Amytal Sodium capsules, Seconal Sodium capsules, and sulfadiazine tablets
were being held for sale at the Parke Drug Co., after shipment in interstate
commerce, various quantities of the drugs were dispensed upon requests for
refills of prescriptions for such drugs, without obtaining authorization by the
prescriber. The corporation was charged with causing the acts of dispensing
involved in each of the 7 counts of the information, Defendant Larner was
joined as a defendant in 3 counts, and Defendant Levine was joined as a de-
fendant in the other 4 counts of the information. These acts of dispensing
were contrary to the provisions of Section 503 (b) (1), and resulted in the
dispensed drugs being misbranded while held for sale.
DISPOSITION : November 16, 1953. Pleas of guilty having been entered by the
defendants, the court fined the corporation $1,000, Defendant Larner $350, and
Defendant Levine $250. The court also placed each defendant on probation
for 1 year.