Lawrence R. Kadis v. United States

ALDRICH, Chief Judge.

Defendants, - the Walnut Drug Corp. and two individual pharmacists, were convicted of violating 21 U.S.C. § 331 (k) by refilling prescriptions for two drugs, librium and dexedrine, without obtaining authorization from the prescriber. They appeal on the ground that the two pharmacists were entrapped by agents of the Food and Drug Administration.

The facts are largely undisputed. In September 1964 the FDA office in Boston received a telephone call from a person who identified himself as Wilfred Chagnon, the treasurer of the Massachusetts Pharmacy Association. The caller said…