1854. Action to enjoin and restrain the misbranding of drugs in interstate com-
merce. V. S. -v. I. James Hendelberg (Southeast Pharmacy). Injunction
granted.    (Inj. No. 138.)
COMPLAINT FILED: March 29, 1946, District of Columbia, against I. James Hen-
delberg, trading as the Southeast Pharmacy, Washington, D. C.
*See also Nos. 1851,1852.
NATURE OF CHAKGE : That prior to December 20, 1945, and until the time the
. complaint was filed, the defendant had been holding quantities of sulfadiazine
tablets, sulfathiazole tablets, and Nembutal (pentobarbital sodium) Capsules ,
which had been shipped in interstate commerce in containers labeled in accord-
ance with the law; and that within the period of December 20,1945, to January
17, 1946, the defendant had repacked a portion of the drugs into unlabeled
containers, which act of repacking resulted in the misbranding of the drugs in
the following respects: Section 502 (b) (1), the drugs failed to bear labels
containing the name and place of business of the manufacturer, packer, or
distributor; Section 502 (b) (2), they failed to bear labels containing accurate
statements of the quantity of the contents; Section 502 (e), they failed to bear
labels declaring their common or usual name; Section 502 (d), the Nembutal
Capsules failed to bear a label containing the name and quantity or proportion
of barbituric acid contained in the product and, in juxtaposition therewith, the
statement, "Warning??may be habit forming"; and, Section 502 (f) (2), the
?drugs were without labeling bearing adequate warnings against use in those
?pathological conditions, or by children, wherein the use of the drug might be
?dangerous to health, or against unsafe dosage or methods or duration of admin
?istration
The complaint charged further that the drugs were made for use by or under
the supervision of physicians or dentists and were exempted from the require-
ments of the law that their labeling bear adequate directions for use; but that
the acts of the defendant had caused the exemption to expire, resulting in the
misbranding of the drug in violation of Section 502 (f) (1) for failure to bear
such directions for use.
PBATEE OF COMPLAINT: That a temporary restraining order issue; that, after
due hearing, a preliminary injunction be granted; and that, after due pro-
ceedings, the preliminary injunction be made permanent.
DISPOSITION : April .5, 1946. The defendant having consented to the entry of
a decree, the court entered an order permanently enjoining the defendant from
the commission of the acts complained of.