3022. Misbranding of Benadryl capsules, Hexital tablets, and Carbrital capsules.
U. S. v. Thompson D. Adcock and John Q. Malley.   Pleas of guilty.
Fines of $125 against defendant Adcock and $50 against defendant
Malley.    (F. D. C. No. 26710.    Sample Nos. 26183-K, 27029-K, 27031-
K, 27041-K, 27044-K, 27315-K, 27532-K.)
INFORMATION FILED:   August 19, 1949, Western District of Missouri, against
Thompson D. Adcock, a pharmacist for the McGreevy Drtrg Co. No. 2, a partner-
ship, SpriiiPeld1, Mo., and against John G. Malley, a partner in the partnership.
* See also No. 3039 (veterinary preparations).
December li, 1947, from the States of Michigan and New Jersey into the State
of Missouri.
LABEL, WHEN SHIPPED: "Kapseals Benadryl Hydrochloride [or "Kapseals
Carbrital"] * * * Caution-To be dispensed only by or on the prescrip-
tion of a physician" and "Hexital Caution-To be used only by or on the
prescription of a physician."
ALLEGED VIOLATION : On or about April 20, July 8 and 10, August 9 and 13, and
September 20 and 23, 1948, while the drugs were being held for sale after
shipment in interstate commerce, the defendants caused a number of capsules
and tablets of the drugs to be removed from the bottles in which they had
been shipped and to be repacked and sold to various persons without a
prescription, which acts of the defendants resulted in the repackaged drugs
being misbranded. The repackaged drugs were labeled in part "Benadryl
Capsules 50 MG," "Hexital," and "Carbrital Capsules."
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the labels of the re-
packaged drugs bore no statement of the quantity of the contents; and, Sec-
tion 502 (f) (1), the labeling of the repackaged drugs bore ho directions for
use.
Further misbranding, Section 502 (e) (2), the labels of the repackaged
Hexital tablets and the repackaged Carbrital capsules failed to bear the
common or usual name of each active ingredient of the drugs, namely, pheno-
barbital and Hexestrol, in the Hexital tablets, and pentobarbital sodium and
carbromal, in the Carbrital capsules.
Further misbranding, Section 502 (d), the repackaged Hexital tablets and
Carbrital capsules were drugs for use by man and contained chemical deriva-
tives of barbituric acid, which derivatives 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 labels of the repackaged drugs
failed to bear the name, and quantity or proportion of such derivatives and in
juxtaposition therewith the statement "Warning-May be habit forming."
DISPOSITION: November 18, 1949. Pleas of guilty having been entered, the
court imposed a fine of $25 oh each of 5 counts against defendant Adcock,
covering the sales personally made by him, and a fine of $25 oh each of 2
counts against defendant Malley, relating to the sales which he had made
personally.