3122. Misbranding of amytal tablets. U. S. v. Cosmopolitan Drug Co. and
Charles M. Berman. Pleas of nolo contendere. Fine of $100 and costs
against company; fine of $50 against individual.    (F. D. C. No. 28103.
Sample Nos. 42324-K, 43185-K, 43189-K.)
INFORMATION FILED : January 17, 1950, Northern District of Illinois, against
the Cosmopolitan Drug Co., a partnership, Chicago, 111., and Charles M. Berman,
a pharmacist for the partnership.
' INTERSTATE SHIPMENT : Between the approximate dates of October 20 and No-
vember 17, 1948, from the State of Indiana into the State of Illinois.
ALLEGED VIOLATION : On or about February^, 18, and 23, 1949, while a number
of amytal tablets w?re being bej4 fJorjshlfi^after shipment in interstate com-
merce, the defendants" caused varioW^fuantities of the tablets to be repacked
and sold without a prescription, which acts of the defendants resulted in the
repackaged tablets being misbranded.   \v
?See also No. 3121.
NATURE OF CHARGE: Misbranding, Section 502 (b) <1) and (2), the repackaged
tablets failed to bear labels containing tbe name and place of business of the
manufacturer, packer, or distributor, and a statement of tbe quantity of tbe
contents.
Further misbranding, Section 502 (d), the tablets contained a chemical
derivative of barbituric acid, which derivative has been by the Administrator
of the Federal Security Agency, found to be, and by regulations designated as,
habit forming; and the repackaged tablets failed to bear a label containing
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)   (1), the repackaged tablets bore no
labeling containing directions for use.
DISPOSITION :   May 10, 1950.   Pleas of nolo contendere having been entered, the
court imposed a fine of $100 and costs against the company and a fine of $50
against the individual.