United States v. H. Ray Evers, M. D., an Individual, Doing Business as Ra-Mar Clinic, Ann H. Garrett, Defendants-Intervenors

RANDALL, Circuit Judge:

In this action the government charges a licensed Alabama physician with a violation of section 301(k) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 331(k) (1976). That section prohibits, inter alia, the misbranding of a drug which is held for sale after shipment in interstate commerce. The government charges that the drug at issue, which is a prescription drug, was misbranded under section 502(f)(1) of the Act, 21 U.S.C. § 352(f)(1), which deems a drug to be misbranded unless its labeling contains “adequate directions for use.” In particular, the…