3065. Misbranding of nembutal capsules.   U. S. v. William J. Parker.   Plea of
guilty.  Fine, $300.   (F. D. C. No. 28105.   Sample Nos. 51331-K, 51332-K.)
INFORMATION FILED : December 30, 1949, Southern District of Indiana, against
William J. Parker, a pharmacist in a drug store at Richmond, Ind.
INTERSTATE SHIPMENT: On or about February 11, 1949, from Cincinnati, Ohio.
PRODUCT: When received by the defendant, the label of the product bore the
statement "Caution-To be dispensed only by or on the prescription of a phy-
sician or dentist." As a result, the product was not required to comply with
Section 502 (f) (1), which requires that adequate directions for use appear in
the labeling.
NATURE OF CHARGE: On or about February 28, 1948, while a number of the cap-
sules were being held for sale after shipment in interstate commerce, the
defendant caused the capsules to be sold and disposed of to a purchaser in the
original bottle in which the capsules had been shipped in interstate commerce,
without a prescription of a physician or dentist. The sale of the capsules by
the defendant caused the exemption to expire and resulted in the misbranding
of the tablets in violation of Section 502 (f) (1), since the bottle bore no
labeling containing directions for use.
On or about March 3,1949, the defendant caused a number of capsules to be
removed from the bottle in which they had been shipped in interstate com-
merce, to be repacked into a box, and to be sold without a prescription. The
acts of the defendant resulted in the capsules being misbranded in violation
of Section 502 (b) (2), in that the box of capsules bore no label containing a
statement of the quantity of the contents; Section 502 (d), the label of the
repackaged capsules failed to bear the name, and quantity or proportion of the
chemical derivative of barbituric acid present in the drug and in juxtaposi-
tion therewith the statement "Warning-May be habit forming"; and, Section
502 (f) (1), the box of capsules bore no labeling containing directions for use.
DISPOSITION: February 27, 1950. A plea of guilty having been entered, the
court imposed a fine of $300.