1859. Misbranding of Nembutal Capsules.    U. S. v. Cottage Pharmacy and Peter
P. Eacnien.    Pleas of guilty.    Bach defendant fined $200.     (F. D. C. No.
17798.    Sample Nos. 11354-H, 11355-H.)
INFORMATION FILED: February 19, 1946, District of Massachusetts, against Cot-
tage Pharmacy, a partnership, Boston, Mass., and Peter P. Bacmen, a member of
the partnership.
INTERSTATE SHIPMENT : Between the approximate dates of September 2 and De-
cember 7, 1944, from Chicago, 111.
LABEL, WHEN SHIPPED: (Bottle) "100 Capsules Nembutal * * * (Pento-
barbital Sodium, Abbott) Warning??May Be Habit Forming. Abbott 1? grs.
?Caution??To be used only by or on the prescription of a physician or dentist
NATURE OF CHARGE : That on or about February 15 and 21, 1945, the defendant
removed the label described above from two bottles of the article, relabeled
the bottles "Cottage Pharmacy Careful Prescriptionists * * * Use as
directed," and disposed of the relabeled bottles of Nembutal Capsules to a
certain individual.
The information charged further that the acts of the defendants resulted
in the misbranding of the article in the following respects: Section 502,(d),
the article contained a chemical derivative of barbituric acid, which derivative
has been found to be and by regulations designated as habit forming, and the
relabeled bottles of the article bore no label containing the name and quantity
or proportion of such derivative and, in juxtaposition therewith, the statement
"Warning??May be habit forming"; and, Section 502 (f) (1) (2), the re
?labeled bottles bore no labeling containing directions for use, and they bore
?no labeling containing warnings against use of the drug in those pathological
?conditions wherein its use might be dangerous to health, or against unsafe
?dosage or methods or duration of administration
DISPOSITION: March 12, 1946. Pleas of guilty having'been entered, the court
imposed a fine of $200 upon each defendant.