6863. Various prescription drugs.    (F.D.C. No. 46109.   S. Nos. 50-529/33  R,
50-535/8 R.)
QUANTITY :   6,431 tablets and capsules and 70 clips of vials, btls., and packs,
at Denver, Colo., in possession of Earl Meyer Drug Co. 
SHIPPED :    On unknown dates, by various drug handlers.
LABEL IN PART : (Some labels) "Physician's Professional Package," "Physician's 
Trial Package," "Physician's Sample," "Professional Sample," "Sample-Not 
To Be Sold," and "Professional Specimen."
BESXTLTS OP INVESTIGATION : The articles consisted of quantities of prescription 
drugs repacked by the dealer into containers having labels bearing brand 
names indicative of manufacture outside the State of Colorado, and quanti- 
ties of nonrepacked physicians' samples of prescription drugs.
LIBELED :   7-27-61, Dist. Colo.; amended libel 8-25-61.
CHARGE: 502(a)-while held for sale, the statements "Physician's Trial Pack- 
age," "Physician's Sample," "Professional Sample," "Sample-Not To Be 
Sold," "Professional Specimen" and similar wording on the labels of a num- 
ber of the articles of drug were false and misleading as applied to the articles 
in the possession of a repacker and intended for sale and not then intended 
for use as "complimentary-not for sale" samples for physicians and others 
lawfully engaged in dispensing prescription drugs; 502(b)-the repacked 
articles of drug failed to bear a label containing (1) the name and place of 
business of the manufacturer, packer, or distributor and (2) an accurate 
statement of the quantity of contents; 502(f)(1)-the labeling of the re- 
packed articles of drug failed to bear adequate directions for use and they 
were not exempt from that requirement since they were subject to the provi- 
sions of 503(b) (1) and their labels failed to bear an identifying lot or con- 
trol number from which it was possible to determine the complete manufac- 
turing history as required by regulations; and 503(b) (4)-the repacked arti- 
cles of drug were subject to the provisions of 503(b)(1) and their labels 
failed to bear the statement "Caution: Federal law prohibits dispensing with- 
out prescription."
DISPOSITION :    10-6-61.   Default-destruction.