1561. Misbranding'  of   Nembutal   Capsules  and  sodium  phenobarbital   capsules.
U. S. v. H. Otis Fadal. Plea of guilty. Fine, $600; sentence of 6 months
in jail. Jail sentence suspended and defendant placed on probation/
for 2 years.     (F. D. C. No. 14237.    Sample Nos. 60900-F, 61558-F, 61561-F.) \
INFORMATION FILED: February 27, 1945, Western District of Texas, against H.
Otis Fadal, a member of the partnership trading as Fadal's Square Drug Store,
at Waco, Tex.
INTERSTATE SHIPMENT : Between the approximate dates of December 11,1943, and
April 12, 1944, from Chicago, 111., and Kansas City, Mo., of quantities of Nem-
butal Capsules and sodium phenobarbital capsules.
LABEL, WHEN SHIPPED: "Capsules Nembutal * * * (Pentobarbital Sodium,
Abbott) Warning: May be habit forming iy2 grs. * * * Caution: To be
used only by or on the prescription of a physician or dentist * * * Abbott
Laboratories," or "Filled Capsules Phenobarbital Sodium iy2 Grs. (Barbituric
Acid Derivative) Yellow Warning May Be Habit Forming Caution: To
be used only by or on the prescription of a physician SE M CO The S. B.
Massengill Co.    *    *    *   Bristol, Tenn.-Va."
NATURE OF CHARGE : That, between the dates of April 10 and May 8, 1944, the
defendant removed a number of capsules from one of the bottles labeled "Cap-
sules Phenobarbital" and repacked the capsules into an unlabeled bottle;
that, on or about May 8, 1944, the defendant removed from the unlabeled
bottle a number of capsules, repacked them in an unlabeled envelope, and sold
them without a prescription; and that, on May 9, 1944, the defendant removed
a number of capsules from the unlabeled bottle, repacked them in an envelope
labeled "Nembutal I1/* gr." and sold them without a prescription. The infor-
mation also charged that, on or about May 9,1944, the defendant removed from
the bottle labeled "Capsules Nembutal" a quantity of capsules and repacked
them in an envelope bearing the label "Nembutal 1? gr."
The information charged further that the acts of the defendant resulted
in the drugs being misbranded in the following respects: Section 502 (d), the
drugs contained a chemical derivative of barbituric acid, which derivative has
been found to be, and by regulations designated as, habit forming, and the
envelopes bore no labels containing the name and quantity or proportion of such
derivative and, in juxtaposition therewith, the statement "Warning-May
be habit forming"; Section 502 (f) (1), the envelopes bore no labeling con-
taining directions for use; Section 502 (f) (2), they bore no labeling con-
taining warnings against use in those pathological conditions where the use
of the drugs might be dangerous to health, or against unsafe dosage or methods
or duration of administration, in such manner and form as are necessary for
the protection of users; Section 502 (e), the envelopes containing the pheno-
barbital capsules failed to bear a label containing the common or usual name
of the drug, "Sodium Phenobarbital" ; and, Section 502 (a), the label statement
"Nembutal," borne on one of the envelopes containing the phenobarbital cap-
sules, was false and misleading.
DISPOSITION: March 1, 1945. A plea of guilty having been entered by the
defendant, the court imposed a. fine of $600 and sentenced the defendant
to serve 6 months in jail. The jail sentence was suspended, and the defend-
ant was placed on probation for 2 years.