2357. Misbranding of phenobarbital tablets.    IT. S. v. Reginald J. Price, manager
of Shell Lake Drug Co. Plea of guilty. Defendant fined $75, given
sentence of 6 months in Jail, which was suspended, and placed on proba-
tion for 1 year. (F. D. C. No. 23209. Sample Nos. 51712-H, 51807-H,
51818-H.)
INFORMATION FILED:   June 26, 1947, Western District of Wisconsin,  against
Reginald J. Price, manager of the Shell Lake Drug Co., Shell Lake, Wis.
INTERSTATE SHIPMENT:    On or about February 1, 1945, from St. Louis, Mo., to     /
Shell Lake, Wis., of quantities of phenobarbital tablets.
LABEL, WHEN SHIPPED :    "Tablets Phenobarbital U. S. P. XII   1? Grains."?v
being held for sale after shipment in interstate commerce, the defendant caused
a number of tablets to be removed from the bottle in which they had been
shipped, repacked the tablets into envelopes, and sold them to various persons
without a prescription, which acts of the defendant resulted in the tablets
being misbranded. A portion of the repackaged tablets were labeled "Use as
directed," and the remainder of such tablets were labeled "Phenobarbitals
1? gr.    Use as directed."
NATURE OF CHARGE : Misbranding, Section 502 (d), the tablets were drugs for use
by man and contained a chemical derivative of barbituric acid, which deriva-
tive had been found by the Administrator of the Federal Security Agency,
after investigation, to be, and by regulations designated as, habit-forming;
and the labels of the repackaged tablets failed to bear, the name and quantity
or proportion of such derivative and in juxtaposition therewith the statement
"Warning-May be habit forming." Further misbranding, Section 502 (f) (1),
the envelopes containing the repackaged tablets bore no labeling containing
directions for use; and, Section 502 (f) (2), the envelopes containing the re-
packaged tablets bore no labeling containing warnings against use in those
pathological conditions and by children where their use may be dangerous to
health, and against unsafe dosage and duration of administration.
DISPOSITION : June 2, 1948. A plea of guilty having been entered, the court
imposed a fine of $75 and a sentence of 6 months in jail, which sentence was
suspended, and placed the defendant on probation for 1 year.