2956. Misbranding of nembutal capsules and Seconal sodium capsules.   U. S. v.
Harry James Tischbein (Tischbein Apothecary). Plea of guilty. Fine,
$700. (F. D. C. No. 26707. Sample Nos. 18593-K, 18595-K, 18597-K,
19673-K, 19686-K, 51093-K, 51094-K.)
INFORMATION FILED : August 25, 1949, Southern District of Ohio, against Harry
James Tischbein, trading as Tischbein Apothecary, Cincinnati, Ohio.
INTERSTATE SHIPMENT : From the States of Illinois and Indiana into the State
of Ohio.
ALLEGED VIOLATION : On or about October 18 and 19 and November 16, 17, 29,
and 30,1948, while the drugs were being held for sale after shipment in inter-
state commerce, the defendant caused quantities of the drugs to be repacked
and sold to various persons without a prescription, which acts of the defend-
ant resulted in the repackaged drugs being misbranded. When the drugs were
shipped in interstate commerce, they bore on their labels the prescription
legend prescribed by the regulations.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
bore n
,o label containing a statement of the quantity of the contents. Further
misbranding, Section 502 (d), the drugs contained chemical derivatives of
barbituric acid, which derivatives had been by the Administrator of the Fed-
eral Security Agency, found to be, and by regulations designated as, habit
forming; and the labels of the repackaged drugs 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, Sec-
tion 502 (e) (1), the labels of the repackaged drugs failed to bear the common
or usual names of the drugs, namely, "Seconal sodium" and "pentobarbital
sodium" ; and, Section 502 (f) (1), the labeling of the repackaged drugs failed
to bear adequate directions for use since the directions for use on the con-
tainers of the repackaged drugs, namely, "One capsule at bedtime if needed
as directed," "One at bedtime as needed as directed," "One capsule at bedtime
if necessary as directed," and "One at bedtime for sleep," were not adequate
directions for use.
DISPOSITION : October 5, 1949. A plea of guilty having been entered, the court
imposed a fine of $700.