2695. Misbranding of amytal and acetyl-salicylic acid capsules, nembutal sodium
capsules, and benadryl hydrochloride capsules.   U. S. v. Richard C.
Miller (Miller's Rexall Drug Store).   Plea of nolo contendere.   Fine,
$500.    (F. D. C. No. 25327.    Sample Nos. 26395-K, 27008-K, 27022-K.)
INFORMATION FILED :   December 4, 1948, Eastern District of Missouri, against
Richard C. Miller, trading as Miller's Rexall Drug Store, Macon, Mo.
INTERSTATE SHIPMENT:   Between the approximate dates of June 20, 1947, and
March 9, 1948, from the States of Indiana, Illinois, and Michigan, into the
:   State of Missouri.?,
LABEL, WHEN SHIPPED : "Pulvules Amytal and Acetyl-Salicylic Acid [or "Cap-
sules Nembutal Sodium" or "Kapseals Benadryl Hydrochloride"] * * *
Caution-To be dispensed only by or on the prescription of a physician."
ALLEGED VIOLATION : On or about April 15, 24, and 26, 1948, while the capsules
were being held for sale after shipment in interstate commerce, the defendant
caused a number of capsules of the articles to be removed from the bottles
in which they had been shipped, to be repacked into boxes, and to be sold
to various persons without a prescription, which acts of the defendant resulted
in the capsules being misbranded. The repackaged capsules were labeled
"Aspirin & Amytal," "Nembutal," and "Benadryl."
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the labels of the re-
packaged capsules bore no statement containing the name and place of
business of the manufacturer, packer, or distributor; Section 502 (b) (2),
they bore no statement of the quantity of the contents; Section 502 (d), the
capsules of the articles other than the tenadryl hydrochloride capsules were
drugs for use by man and contained a chemical derivative of barbituric acid,
which derivative has 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 capsules of such articles failed to
bear the name and quantity or proportion of such derivative and, in juxta-
position therewith, the statement "Warning-May be habit forming"; and,
Section 502 (f) (1), the boxes containing the repackaged capsules bore no
labeling containing directions for use.
DISPOSITION : May 23, 1949. A plea of nolo contendere having been entered,
the court imposed a fine of $500.