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]
4441-4460
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 proceedings.
Published by direction of the Secretary of Health, Education, and Welfare.
GEO. P. LARRICK, Commissioner of Food and Drugs.
WASHINGTON, D. C, August 19, 1955.
CONTENTS*
Page
Violative    sales    of    prescription
drugs 
392
Drugs and devices actionable be-
cause of failure to bear ade-
quate directions or warning
statements 
395
Page
Drugs actionable because of devia-
tion from official or own stand-
ards 
398
Drugs and devices actionable be-
cause of false and misleading
claims 
398
?For failure to comply with  the packaging requirements of an official compendium,
see No. 4457.
351065?55
391
VIOLATIVE SALES OF PRESCRIPTION DRUGS
4441. Misbranding of amphetamine sulfate tablets.   U. S. v. Circle Drug Store
(a partnership), -William Mexic, -Sam Mexic, *and^ W411iam* E. Kugler.
Plea of not guilty for Sam Mexic and pleas of nolo contendere for other
defendants.   Fine of $500 against partnership, $500 against William
Mexic, and $250 against William E. Eugler.   Sam Mexic tried to the
court and found not guilty.    (F. D. C. No. 35120.    Sample Nos. 69011-L,
69012-L.)
INFORMATION FILED :   June 2, 1953, Eastern District of Louisiana, against the
Circle Drug Store, a partnership, New Orleans, La., and against William Mexic
and Sam Mexic, partners in the partnership, and William E. Kugler, a pharma-
cist for the partnership.
NATURE OF CHARGE: On or about February 5 and 12, 1953, while a number of
amphetamine sulfate tablets were being held for sale at the Circle Drug Store,
after shipment in interstate commerce, various quantities of the drug were
dispensed without a prescription from a practitioner licensed by law to ad-
minister such drug. The partnership, William Mexic, and Sam Mexic were
charged with causing the acts of dispensing involved in each of the 2 counts of
the information, and William E. Kugler was joined as a defendant in count 2
of the information. Such acts of dispensing were alleged to be contrary to
Section 503 (b) (1) and to result in the dispensed drug being misbranded.
DISPOSITION : Sam Mexic entered a plea of not guilty, and the other defendants
entered pleas of nolo contendere. On August 26,1953, the court fined the part-
nership $500, William Mexic $500, and William E. Kugler $250. On July 1,
1954, the case against Sam Mexic came on for trial before the court without a
jury. The trial was concluded on the same day, with the return of a verdict
of not quilty for Sam Mexic.