on probation for 1 year. (F. D. C. No. 28114. Sample Nos. 60778-K,
60802-K, 60806-K, 60808-K, 60817-K, 60818-K.)
INFORMATION FILED: January 17, 1950, Eastern District of Illinois, against
Warren U. Rice, trading as the Rice Drug Store, Centralia, 111.
INTERSTATE SHIPMENT: Between November 18, 1947, and June 6, 1949, from
the State of Missouri into the State of Illinois, of quantities of thyroid tablets,
phenobarbital tablets, sodium pentobarbital capsules, and Benzedrine Sulfate
Tablets.
ALLEGED VIOLATION : On or about June 2, 6, and 13, 1949, while the drugs were
being held for sale after shipment in interstate commerce, the defendant caused
various quantities of the drugs to be removed from the bottles in which they
had been shipped, to be repacked into envelopes, and to be sold without a pre-
scription ; and the defendant caused also a quantity of phenobarbital tablets
that were contained in the original bottle which was shipped in interstate
commerce, to be sold without a prescription, which acts of the defendant re-
sulted in the drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (b) (2), the
repackaged drugs failed to bear labels containing the name and place of
business of the manufacturer, packer, or distributor, and a statement of the
quantity of the contents.
Further misbranding, Section 502 (d), the repackaged sodium pentobarbital
capsules, the repackaged phenobarbital tablets, and the phenobarbital tablets
sold in the original bottle, contained derivatives of barbituric acid, which
derivatives had been found to be, and by regulations designated by the Ad-
ministrator of the Federal Surcity Agency as, habit forming; and the labels
failed to bear the name, and quantity or proportion of the derivative and in
juxtaposition therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged Benzedrine Sul-
fate Tablets were not designated solely by a name recognized in an official
compendium, and their labels failed to bear the common or usual name of the
drug, namely, Benzedrine Sulfate; and, Section 502 (f) (1), the repackaged
drugs and the phenobarbital tablets sold in the original bottle, bore no labeling
containing directions for use.
DISPOSITION : January 31,1950. A plea of guilty having been entered, the court
imposed a fine of $750 and placed the defendant on probation for 1 year.