3126. Misbranding of Seconal sodium capsules.   U. S. v. Mesirow-Madison Drugs,
Inc., and Abe R. Segal.   Pleas of nolo contendere.   Fine of $250 against
each defendant.    (F. D. C. No. 28100.    Sample Nos. 15871-K to 15873-K,
incl.)
INFORMATION FILED :   January 17, 1950, Northern District of Illinois, against
Mesirow-Madison Drugs, Inc., Chicago, 111., and Abe R. Segal, president of
the corporation.
INTERSTATE SHIPMENT: Between the approximate dates of January 19 and
February 11, 1949, from the State of Indiana into the State of Illinois.
ALLEGED VIOLATION : On or about March 25 and April 2 and 5, 1949, while the
drug was being held for sale after shipment in interstate commerce, the de-
fendants caused various quantities of the Seconal sodium capsules to be re-
packed into unlabeled envelopes and sold without a prescription, which acts of
the defendants resulted in the repackaged capsules being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1) and (2), the repackaged
capsules 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 capsules 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 capsules 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 capsules bore no
labeling containing directions for use.
DISPOSITION : May 18, 1950. Pleas of nolo contendere having been entered, the
court imposed a fine of $250 against each defendant.