3162. Misbranding of sulfathiazole tablets and Seconal Sodium capsules. U. S.
v. Peoples Pharmacy, Inc., and Samuel I. Pigurski. Pleas of nolo con-
tendere.   Fine of $150 plus costs, against defendants jointly.    (F. D. 0,
No. 29114.   Sample Nos. 60607-K to 60610-^K,. incl., 60613-K, 60614-K.>
INFORMATION FILED:   April 25, 1950, Northern District of Indiana, against
Peoples Pharmacy, Inc., Gary, IndM find/Samuel I. Pigurski, secretary-treasurer
and pharmacist for *tte fcgrpjoration.
INTERSTATE SHIPMENT :   From the State of'Illinois into the State of Indiana, of
quantities of sulfathiazole tablet
s gad. Seconal Sodium capsules.
ALLEGED VIOLATION :   On oTstboufr-May 13,18, and 23,1949, while the drugs were
being held for sale after shipment" in interstate commerce, the defendants
caused various quantities -of- the Arugs to be repackaged and sold without a
prescription, which acts of the defendants resulted in the repackaged drugs
being misbranded.-
^  V
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
drugs failed to bear labels containing the name and place of business of the
manufacturer, packer, or distributor, and statements of the quantity of the
contents; and, Section502 (e) (1), the repackaged sulfathiazole tablets failed
to bear a label containing the common or usual name of the article.
Further misbranding, Section 502 (d), the repackaged Seconal Sodium cap-
sules contained a chemical derivative of barbituric acid, which has been desig-
nated by regulations as habit forming; and when repackaged the capsules bore
no 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)r(l), the repackaged Seconal Sodium
capsules bore no labeling containing directions for use; and Section 502 (f)
(2), the sulfathiazole tablets bore no labeling containing warnings against use
in those pathological conditions where their use may be dangerous to health,
and against unsafe dosage and methods and duration of administration.
DISPOSITION : June 24, 1950. Pleas of nolo contendere having been entered, the
court imposed a fine of $150, plus costs, against the defendants jointly.