3185. Misbranding of sulfadiazine tablets, Seconal Sodium capsules, and thyroid
tablets. U. S. v. Frank Albright (Albright Drug Store). Plea of nolo
contendere. Fine of $150, plus costs. (F. D. C. No. 29416. Sample
Nos. 61661-K, 61662-K, 61736-K.)
INFORMATION FILED : July 7,1950, Western District of Kentucky, against Frank
Albright, tra'ding as the Albright Drug Store, Paducah, Ky.
INTERSTATE SHIPMENT : From the State of Indiana into the State of Kentucky,
of quantities of sulfadiazine tablets, Seconal Sodium capsules, and thyroid
tablets.
ALLEGED VIOLATION : On or about September 17 and 27, 1949, while the drugs
were being held for sale after shipment in interstate commerce, the defendant
caused certain quantities of the drugs to be repacked and sold without a
prescription, which acts resulted in the drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), all of the re-
packaged 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.
Further misbranding, Section 502 (d), the Seconal Sodium capsules con-
tained a chemical derivative of barbituric acid, which has been designated'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 (e) (1), the repackaged sulfadiazine
tablets and thyroid tablets failed to bear labels containing the common or
usual name of the drugs; Section 502 (f) (1), the labeling of all of the re-
packaged-drugs failed to bear 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 : July 20,1950. A plea of nolo contendere having been entered, the
court imposed a fine of $150, plus costs.