4321. Misbranding of dextro-amphetamine sulfate tablets, pentobarbital sodium
capsules, Seconal Sodium capsules, thyroid tablets, sulfisoxazole tablets,
and methyltestosterone tablets.   U. S. v. Reed's Cut Rate Drugs, Inc.,
Saul M. Blumenthal, Robert P. Alexander, Frank R. Cooley, Robert N.
Dodd, and Jack M. Gavant.   Pleas of not guilty by corporation and De-
fendants Blumenthal and Cooley; pleas of nolo contendere by Defendants
Alexander, Dodd, and Gavant.   Tried to the court and jury.   Verdict
of guilty against corporation; verdicts of not guilty against Defendants
Blumenthal and Cooley.   Fine of $500 against corporation, $150 against
Defendant Alexander, $50 against Defendant Dodd, and $200 against
Defendant Gavant.   Corporation placed on probation for 1 year and De-
fendants Alexander, Dodd, and Gavant placed on probation for 2 years.
? (F. D. C. No. 35160.    Sample Nos. 2490-L, 59311-L, 59313-L, 59316-L,
59317-L, 59634-L to 59638-L, incl.)
INFORMATION FILED:    September 3, 1953, Northern District of Georgia, against
Heed's Out Kate Drugs, Inc., Atlanta, Ga., Saul M. Blumenthal, president and
general manager of the corporation, Frank R. Cooley and Jack M. Gavant,
store managers and pharmacists for the corporation, Robert P. Alexander, a
pharmacist, and Robert N. Dodd, a clerk employed by the corporation.
NATURE OF CHARGE: On or about December 22, 1952, and March 3, 4, 5, 6, 9,
10, and 12,1953, while a number''of dextro-amphetamine sulfate tablets, pento-
barbital sodium capsules, Seconal Sodium capsules, thyroid tablets, sulfi-
soxazole tablets and methyltestosterone tablets were being held for sale at
Reed's Cut Rate Drugs, Inc., after shipment in interstate commerce, various
quantities of dextro-amphetamine sulfate tablets, thyroid tablets, sulfisoxazole
tablets, and methyltestosterone tablets were dispensed, without a prescription
from a practitioner licensed by law to administer such drugs, and various
quantities of pentobarbital sodium capsules and Seconal Sodium capsules
were dispensed upon requests for refills of written prescriptions for such drugs
without obtaining authorization by the prescribers. The corporation and Saul
M. Blumenthal were charged with causing the act of dispensing involved in
each of the 10 counts of the information, and Jack M. Gavant in counts 1, 2r
3, and 4, Robert P. Alexander in counts 5, 6, and 7, Frank R. Cooley in count
8, and Robert N. Dodd in counts 9 and 10 were joined as defendants. 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 corporation and Defendants Blumenthal and Cooley entered
pleas of not guilty, and Defendants Alexander, Dodd, and Gavant entered pleas
of nolo contendere. The case came on for trial before the court and jury on
March 29,1954, and at the conclusion of the trial on March 30, 1954, the jury
returned a verdict of guilty with respect to the corporation and verdicts of not
guilty with respect to Defendants Blumenthal and Cooley. On April 12, 1954,
the court fined the corporation $500, Defendant Alexander $150, Defendant
Dodd $50, and Defendant Gavant $200. The court also placed the corporation
on probation for 1 year and Defendants Alexander, Dodd, and Gavant on
probation for 2 years.