FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
2971-2990
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district courts
by the United States attorneys, acting upon reports submitted by the Federal
Security Agency.   Published by direction of the Federal Security Administrator.
PAUL B. DUNBAE, Commissioner of Food and Drugs.
WASHINGTON, D. C, May 24,1950.
CONTENTS *
Page
Drugs actionable because of failure
to bear adequate directions or
warning statements 
600
Drugs actionable because of devi-
ation from official or own
standards 
604
Page
Drugs and devices actionable be-
cause of false and misleading
claims 
607
Drugs for human use 
607
Drugs for veterinary use 
617
Index 
619
?For presence of a habit-forming narcotic without warning statement, see Nos. 2971, 2972; omission of, or
unsatisfactory, ingredients statements, Nos. 2971-2973; failure to bear a label containing an accurate state-
ment of the quantity of the contents, Nos. 2971-2973; failure to bear a label containing the name and place of
business of the manufacturer, packer, or distributor, Nos. 2972, 2973; cosmetic, actionable under the drug
provisions of the Act, No. 2986.
599
883460-60 1
DRUGS ACTIONABLE  BECAUSE  OF FAILURE TO  BEAR ADEQUATE
DIRECTIONS OR WARNING STATEMENTS
2971. Misbranding of sulfathiazole lozenges and Hexital tablets.   U. S. v. Joe
Gailey (McGreevy Drug Co., No. 1).   Plea of guilty.   Fine, $50.    (F.D. C.
No. 26713.    Sample Nos. 27032-K, 27042-K.)
INFORMATION FILED :   June 29, 1949, Western District of Missouri, against Joe
Gailey, a partner in the partnership of McGreevy Drug Co., No. 1, Spring-
field, Mo.
INTERSTATE SHIPMENT :    On or about January 30, 1948, from Indianapolis, Ind.,
of a quantity of sulfathiazole lozenges, and between the approximate dates of
January 16, 1947, and September 20, 1948, from Raritan, N. J., of a quantity
of Hexital tablets.
LABEL,  WHEN  SHIPPED:     (Sulfathiazole  lozenges)   "Lozenges   Sulfathiazole
*?* * 5 grs."; (Hexital tablets) "Each Tablet Contains Phenobarbital 20
Mg. * * * Hexestrol-3 Mg. Hexital." (Both products) "Caution: To
Be Dispensed Only By Or On the Prescription of a Physician."
ALLEGED VIOLATION : On or about August 13 and September 20, 1948, while the
drugs were being held for sale after shipment in interstate commerce, the
defendant caused a number of sulfathiazole lozenges and Hexital tablets to be
removed from the bottles in which they had been shipped, to be repacked,
and to be sold to an individual without a prescription, which acts of the
defendant resulted in the lozenges and tablets being misbranded. The re-
packaged drugs were labeled "Sulfathiazole Lozenges   McGreevy Drug Co.
*?*   *    Springfield, Mo." and "Hexital   McGreevy No. 1, Springfield, Mo."
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the label borne on the
containers of the repackaged drugs contained no statement of the quantity
of the contents; Section 502 (f) (1), the containers of the repackaged drugs
bore no labeling containing directions for use; and, Section 502 (e) (2), the re-
packaged Hexital tablets were not designated solely by a name recognized in
an official compendium and were fabricated from two or more ingredients, and
the label borne on the repackaged tablets failed to bear the common or usual
name of each active ingredient, namely, "phenobarbital" and "hexestrol."
Further misbranding, Section 502 (d), the repackaged Hexital tablets were
a drug for use by man and contained a chemical derivative of barbituric acid,
namely, "phenobarbital," which derivative had been by the Administrator of
the Federal Security Agency, after investigation, found to be, and by regula-
tions designated as, habit forming; and the label 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) (2), the repackaged sulfathiazole
lozenges 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 methods and duration of administration.
DISPOSITION : November 18,1949. *A plea of guilty having been entered, the court
imposed a fine of $50.
2972,?Misbranding of Seconal sodium  capsules  and amphetamine phosphate
tablets.   U. S, v, George R. Murchison (Murchison's Pharmacy).   Plea