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]
5241-5280
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district courts
by United States attorneys, acting upon reports submitted by the Department of
Health, Education, and Welfare. They involve drugs which are required at time
of interstate shipment to bear a label containing the statement "Caution: Federal
law prohibits dispensing without prescription," and which were dispensed after
such shipment without a prescription or by refilling a prescription without author-
ization. This dispensing was contrary to Section 503 (b) (1) and thereby re-
sulted in the dispensed drugs being misbranded while held for sale.
Published by direction of the Secretary of Health, Education, and Welfare.
GEO. P. LABBICK, Commissioner of Food and Drugs.
WASHINGTON, D. C, September 16,1958.
CONTENTS
Violative sales of prescription drugs
Page 180
179
474934-58 1
VIOLATIVE SALES OP PRESCRIPTION DRUGS 
5241. (F.D.O. No. 38147.   S.Nos. 4-938/40 M, 5-023/4 M, 5-085 M.)
INDICTMENT KETTTENED : 11-16-55, N. Dist. Ind., against Max Capestany, Jr.,
t/a Central Pharmacy, Gary* Ind.
CHARGE : Between 1-10-55 and 3-17-55, Pentids tablets (penicillin G potassium)
and Citramine Racemic tablets (amphetamine sulfate) were each dispensed
twice, and Vaginola capsules (containing ergot and apiol) and Savatan capsules
(containing apiol) were each dispensed once, without a prescription.
PLEA :   Not guilty.
DISPOSITION : The case came on for trial before the court on 2-20-57, and was
terminated with the return by the jury of a verdict of guilty. On 3-22-57, the
court imposed a fine of $500 on each count, a total fine of $3,000, plus costs, and
a sentence of 3 years in jail on count 1. The-court suspended the jail sentence,
withheld the imposition of sentence on the remaining 5 counts of the indictment,
and placed the defendant on probation for 5 years.
5242.?Supplement to notice of judgment on drugs and devices, No. 4965.  Viola