2501. Misbranding of Seconal sodium capsules and amytal tablets. U. S. v. Harry Skepner (Harry Skepner Prescription Pharmacy). Plea of nolo con- tendere. Defendant fined $2,000 and. sentenced to 1 year's imprison- ment. Prison sentence suspended for period of 3 years and defendant placed on probation. (F. D. C. No. 24261. Sample Nos. 44830-H, 44831-H.) INFORMATION FILED: April 27, 1948, Southern District of California, against Harry Skepner, trading as Harry Skepner Prescription Pharmacy at Holly- wood, Calif. . ALLEGED SHIPMENT : On or about May 7, 1947, from the State of California into the State of Arizona. LABEL, IN PAET: "Harry Skepner Rx Prescription Pharmacist Rx Sick Room Supplies 6255 Hollywood Blvd. Hollywood, Calif." *For presence of a habit-forming narcotic without warning statement, see No. 2501; omission of,, or un- satisfactory, ingredients statements, Nos. 2502, 2513, 2516, 2540, 2541, 2543, 2546, 2547, 2549; failure to bear a label containing an accurate statement of the quantity of the contents, Nos. 2501, 2503,2508, 2528, 2541, 2543, 2546; failure to bear a label containing the name and place of business of the manufacturer, packer, or distrib- utor,. No. 2541; cosmetics, subject to the drug provisions of the Act, Nos. 2502 (RensomlLiquid Antiseptic Skin Lotion and Rensom Soothing Emollient), 2528 (Thi-Cin Cream and Q-2 Cream), 2540 (Yuth). 827832-49 -1 179.. . NATURE OF CHARGE : Misbranding, Section 502 (b) (2), the articles bore no label containing a statement of the quantity of the contents; Section 502 (d), they were for use by man and contained a chemical derivative of barbituric acid, which derivative had been found, by the Administrator of the Federal Security Agency, after investigation, to be and by regulation designated as habit- forming, and the label failed to bear 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), the labeling of "the articles bore no directions for use. DISPOSITION : July 7, 1948. A plea of nolo contendere having been entered, the court imposed a fine of $1,000 and a sentence -of 1 year's imprisonment on count 1. The prison sentence was suspended for a period of 3 years and the defendant was placed on probation, conditioned that the fine be paid and that he not violate any Federal,-State, or local laws. In addition, the court im- posed a fine of $1,000 on count 2 of the information.