2953. Misbranding of nembutal capsules, Seconal sodium capsules, and Tuinal capsules. U. S. v. Benet's Pharmacies, Inc., and Harry Benet. Pleas of guilty. Fine, $2,000. (F. D. C. No. 26706. Sample Nos. 18367-K, 18379-K, 18592-K, 18594-K, 1S596-K, 19670-K, 19675-K, 19679-K, 19680- K, 19687-K, 19690-K to 19692-K, inel., 19696-K, 43834-K, 51222-K, 51312-K to 51315-K, incl.) INFORMATION FILED : August 25,1949, Southern District of Ohio, against Benet's Pharmacies, Inc., Cincinnati, Ohio., and Harry Benet, president and treasurer of the corporation. INTERSTATE SHIPMENT: Between the approximate dates of May 6, 1948, and September 9, 1948, from the States of Illinois and Indiana into the State of Ohio, of quantities of nembutal capsules, Seconal sodium capsules and Tuinal capsules. ALLEGED VIOLATION: On or about October 18, 19, and 20, and November 16, 17, 18, 29, and 30, 1948, while the drugs were being held for sale after ship- ment in interstate commerce, the defendants caused a number of capsules of the drugs to be repacked and sold to various persons without a physician's prescription, which acts of the defendants resulted in the repackaged drugs being misbranded. The drugs when shipped in interstate commerce, were labeled with the prescription legend required by the regulations. NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the labels of the re- packaged capsules of the drugs contained no statement of the quantity of the contents. Further misbranding, Section 502 (d), the capsules of the drugs contained chemical derivatives of barbituric acid, which derivatives had been by the Administrator of the Federal Security Agency, found to be, and by regulations designated as habit forming; and the label of the repack- aged capsules of the drugs failed to bear the name and quantity or proportion of each such derivative and in juxtaposition therewith the statement "Warn- ing??May be habit forming." Further misbranding, Sections 502 (e) (1) ?and (2), the repackaged drugs were not designated solely by names recognized ?in an official compendium, and the labels of the Seconal sodium capsules and ?nembutal capsules failed to bear the common or usual name of the drugs, ?namely, "Seconal sodium" and "pentobarbital sodium," respectively; and the ?label of the repackaged Tuinal capsules failed to bear the common or usual ?name of each active ingredient, namely, "Seconal sodium" and "amytal so ?dium." Further misbranding, Section 502 (f) (1), the labeling of the repack ?aged capsules of the drugs failed to bear adequate directions for use since ?the directions for use "One at bedtime as directed" and other directions simi ?larly worded, borne on the labeling of the repackaged capsules, were not ?adequate directions for use. ?DISPOSITION : October 5, 1949. Pleas of guilty having been entered, the court ?imposed against the defendants, jointly, a fine of $100 on each of the twenty ?counts of the information