4310. Misbranding of dl-desoxyephedrine HC1 tablets and amphetamine sulfate
tablets.   U. S. v. Woodard Roberts Mitchell.   Plea of not guilty.   Tried
to the court.   Verdict of guilty.   Fine of $100 and imprisonment for 1
year on each of 3 counts of indictment; prison sentence suspended and
defendant placed on probation for 5 years.   (F. D. C. No. 35127.   Sample (
Nos. 61166-L, 61169-1,, 61170-L.)
INDICTMENT RETURNED : October 6, 1953, Western District of Oklahoma, against
Woodard Roberts Mitchell, pharmacist and manager of the K & W Drug,
Oklahoma City, Okla.
NATURE OF CHARGE : On or about January 21,1953, while a number of dl-desoxye-
phedrine ECl tablets and amphetamine sulfate tablets were being held for sale
at the K & W Drug, after shipment in interstate commerce, the defendant
caused various quantities of the drugs to be dispensed without a prescription
from a practitioner licensed by law to administer such drugs. Such acts of
dispensing were contrary to Section 503 (b) (1), and resulted in the dispensed
drugs being misbranded while held for sale.
DISPOSITION : The defendant having entered a plea of not guilty, the case came
on for trial before the court without a jury, and on January 27,1954, the trial
was concluded with the return of a verdict of guilty. On March 10, 1954, the
court imposed a fine of $100 and imprisonment of 1 year on each of the 3 counts
of the indictment, but suspended the prison sentence and placed the defendant
on probation for 5 years.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FAILURE TO BEAR
ADEQUATE DIRECTIONS OR WARNING STATEMENTS