1803. Misbranding: of Seconal Sodium Capsules and Luminal Tablets. V. S. v.
Marvin J. Jones, also known as Morgan Jones (Lewis Drug: Store).
Plea of guilty. Fine, 91,200. (F. D. C. No. 15523. Sample Nos. 90602-F,
90604-F to 90606-F, incl., 90608-F, 90611-F to 90613-Ft incl.)
INFORMATION FILED ; May 11, 1945, Southern District of Ohio, against Marvin J.
Jones, also known as Morgan Jones, trading as the Lewis Drug Store, Jackson,
Ohio.    ;
?See also No. 1802.
INTERSTATE SHIPMENT: Between the approximate dates of March 29 and July
25, 1944, from Indianapolis, Ind., and Chicago, 111.; a number of bottles con--
taining Seconal Sodium Capsules and Luminal Tablets.
LABEL, IN PART: (Bottle, when shipped) "5000 Pulvules Seconal Sodium 1-
grs. (0.1 Gm.) (Sodium Propyl-methyl-carbinyl Allyl Barbiturate, Lilly) Warn-
ing-May be habit forming Not For Intravenous Use Caution-To be used
only by or on the prescription of a physician," or "50 Tablets Luminal Brand
of Phenobarbital Warning-May Be Habit Forming Caution: To be used
only by or on the prescription of a physician, dentist, or veterinarian."
NATURE OF CHARGE: That between August 25 and September 17, 1944, while
they were being held for sale at the Lewis Drug Store, a number of Seconal
Sodium Capsules were removed from the bottles in which they had been shipped
and were repacked into smaller bottles bearing substantially the same labels;
and that on or about September 16 and 17,1944, the defendant removed a num-
ber of the capsules from the smaller bottles, repacked them in unlabeled en-
velopes, and sold them without a prescription. The information also charged
that on or about September 17, 1944, the defendant removed a quantity Of
tablets from the bottle labeled "Tablets Luminal," repacked them into an un-
labeled box, and sold them without a prescription.
The information charged further that the acts of the defendant resulted in
the misbranding of the drugs 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 their
labels failed to bear the name and quantity or proportion of such derivative
and, in juxtaposition therewith, the statement, "Warning-May be habit form-
ing"; Section 502 (f) (1) (2), the envelope and the box containing the drugs
bore no labeling containing directions for use, and they bore no labeling contain-
ing warnings against use in those pathological conditions wherein the use
of drugs might be dangerous to health, or against unsafe dosage and methods
and duration of administration; and, Section 502 (e), the envelopes and the
box containing the Seconal Capsules and the Luminal Tablets, respectively,
failed to bear labels containing the common or usual names of the drugs,
"Seconal" and "phenobarbital," respectively.
DISPOSITION: May 21, 1945. A plea of guilty having been entered, the court
imposed a fine of $150 on each of the 8 counts of the information.