3085. Misbranding of Seconal sodium capsules, pentobarbital sodium capsules,
phenobarbital tablets, thyroid tablets, and sulfadiazine tablets. U. S.
v. Homer McCracken (McCracken Drug Store). Motions overruled
to suppress evidence and to dismiss information. Plea of nolo con-
tendere. Fine, $500. (F. D. 0. No. 25605. Sample Nos. 26963-K,
27744-K, 27770-K, 27771-K, 27819-K.)
INFORMATION FILED: March 10, 1949, Eastern District of Missouri, against
Homer McCracken, trading as the McCracken Drug Store, St. Louis, Mo.
INTERSTATE SHIPMENT: Between September 26,1947, and May 14, 1948, from the
States of Indiana, New York, and Illinois, into the State of Missouri, of
quantities of Seconal sodium capsules, pentobarbital sodium capsules, pheno-
barbital tablets, thyroid tablets, and sulfadiazine tablets.
ALLEGED VIOLATION: Between May 26 and June 29, 1949, while the drugs were
being held for sale after shipment in interstate commerce, the defendant caused
a number of the tablets and capsules to be removed from the bottles in which
they had been shipped, to be repacked into boxes, and to be sold to various
persons without a prescription, which acts of the defendant resulted iaa the
capsules and tablets being misbranded.
NATURE OF CHARGE : Misbranding, Sections 502 (b) (1) and (b) (2), the repack-
aged drugs bore no label containing the name and place of business of the manu-
facturer; packer, or distributor, and a statement of the quantity of "the contents.
Further misbranding, Sectiok 502 (d), the repackaged Seconal sodiuMCap-
sules, pentobarbital sodium capsules, and phenobarbital tablets were drugs for
use by man and contained chemical derivatives of barbituric acid, which
found to be, and by regulations designed as, habit forming; and the labels of
the tablets and capsules failed to bear the name, and quantity or proportion
of such derivatives and in juxtaposition therewith the statement "Warning-
May be habit forming."
Further misbranding, Section 502 (f)   (1), the labeling of the repackaged
' drugs failed to bear adequate directions for use since the directions for use
"Directions one at bed time," on the labeling of the Seconal sodium capsules,
"Directions   As directed," on the
labeling of the pentobarbital sodium cap-
? suleSi and "Two every 3? to 4 hours," on the labeling of the sulfadiazine tablets,
were not adequate directions for use, and since the labeling of the pheno-
bdrbital tablets and the thyroid tablets bore no directions for use; and, Sec-
- tion 502v(f) (2)j the labeling of the repackaged sulfadiazine tablets bore no
labeling containing warnings against use in those pathological conditions where
its use may be dangerous to health, and against unsafe dosage and methods
and duration of administration.
DISPOSITION: A motion to suppress evidence and a motion to dismiss the in-
formation were filed on behalf of the defendant; and on January 24, 1950,
after consideration of the arguments and briefs of counsel, the court entered
- an order overruling the motions. On March 20, 1950, upon a plea of nolo
contendere by the defendant, the court imposed a fine of $1,000. On April 4,
1950, an order was entered amending the sentence to fix the fine at $500 in lieu
of the $1,000 fine previously imposed.