and each individual for 1 year. (F. D. C. No. 28135. Sample Nos.
55336-K, 55338-K.)
JNFOBMATION FILED: April 25, 1950, District of Nebraska, against Stone's
Pharmacy, a partnership, North Platte, Nebr., and against Joseph H. Stone
and Leon Stone, partners in the partnership.
INTERSTATE SHIPMENT: From the States of New York and Missouri into the
State of Nebraska, of quantities of sulfadiazine tablets and apiol and ergotin
compound capsules.
AT.T.EQEP VIOLATION : On or about June 14 and 16, 1949, while a number of the
above-mentioned tablets and capsules were being held for sale at Stone's
Pharmacy after shipment in interstate commerce, various quantities of the
tablets and capsules were repacked and sold without a prescription, which
acts resulted in the repackaged tablets and capsules being misbranded.
Stone's Pharmacy was charged with causing the acts of repacking and sale
of" the drugs involved in each of the two counts of the information; and,
~    in addition, Joseph H. Stone, in one of the counts, and Leon Stone, in the
other count, were charged with causing such acts to be done in connection
with the drugs involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the repackaged
sulfadiazine tablets failed to bear a label containing the name and place of
business of the manufacturer, packer, or distributor; Section 502 (b) (2), the
repackaged sulfadiazine tablets and apiol and ergotin compound capsules
failed to bear labels containing statements of the quantity of the contents;
and, Section 502 (e) (1), the repackaged sulfadiazine tablets failed to bear
a label containing the common or usual name of the drug.
Further misbranding, Section 502 (e) (2), the repackaged apiol and ergotin
compound capsules failed to bear a label containing the common or usual name
of each active ingredient since each capsule contained, in addition to apiol
and ergotin, the active ingredient, aloin; and the label of the repackaged
capsules failed to bear the common or usual name of the active ingredient,
aloin.
Further misbranding,. Section 502 (f) (1), the repackaged tablets and
capsules bore no labeling containing directions for use; and, Section 502 (f) (2),
the repackaged sulfadiazine 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 27, 1950. Pleas of nolo contendere having been entered,
the court imposed a fine of $200 against the pharmacy and $100 against each
individual, plus costs, and placed the pharmacy on probation for a period
of 2 years and each individual for a period of 1 year.