6548. Peyote and peyote extract capsules.    (F.D.C. No. 44571.   S. Nos. 33-880 R, 
34-806/7 R.)
QUANTITY: 6 ctns. containing a total of 294 lbs. and reused paper bags con- 
taining a total of 20 lbs. of peyote; and 29 unmarked envelopes containing 5 
capsules each of peyote extract, at New York, N.Y.
SHIPPED: On 4-22-60, the 294-lb. lot and on 12-17-59, the 20-lb. lot, from 
Laredo, Tex., by Smith's Cacti Ranch.
LABEL IN PART: (Ctn.) "From: Smith's Cacti Ranch, P.O. 736, Laredo, Texas 
To: Barron Bruchlos, 234 Mulberry Street, New York, New York * * *"; 
(bag) "French Roast   Flavor Cup   Coffee * * * 1 Lb. Net."
RESULTS OF INVESTIGATION : Examination of the article in the 294-lb. and 20-lb. 
lots showed it to be peyote. The article in the capsules contained alkaloids of 
peyote and had been prepared from some of the peyote in the 20-lb. lot under 
the direction of the consignee of the articles, Barron Bruchlos, t/a Cart Wheel 
Coffee Shop.
LIBELED :   5-17-60, S. Dist. N.Y.
CHARGE: 502(b)-when shipped and while held for sale, the articles failed to 
bear labels containing (1) the name and place of business of the manufacturer, 
packer, or distributor and (2) an accurate statement of the quantity of the 
contents; 502(d)-the articles were a hypnotic substance, namely, peyote, 
and their labels failed to bear the name, quantity, or proportion of such 
substance and, in juxtaposition therewith, the statement "Warning-May be 
habit forming"; 502(e) (1)-the labels of the articles failed to bear the com- 
mon or usual name of the articles; 502(f) (1)-the labeling of the articles 
failed to bear adequate directions for use; 503(b) (4)-the articles were drugs
subject to 503(b) (1) and their labels failed to bear the statement "Caution: 
Federal law prohibits dispensing without prescription."
DISPOSITION : The consignee of the articles appeared as claimant and filed an 
answer denying that the articles were subject to seizure. Subsequently, the 
Government filed interrogatories. On 12-6-60, the claimant died, and, on 1- 
18-61, the proctor for the claimant having consented, the court entered a 
decree of condemnation and destruction.
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FAILURE TO BEAR 
ADEQUATE DIRECTIONS OR WARNING STATEMENTS*