3206. Misbranding of Seconal Sodium capsules.   U. S. v. John Byron Miller (J. B.
Miller, pharmacist).   Plea of guilty.   Fine of $225, plus costs.    (F. D. C.
No. 28130.    Sample Nos. 43664-K, 43665-K, 51668-K.)
INFORMATION FILED : May 18, 1950, Eastern District of Kentucky, against John
Byron Miller, trading as J. B. Miller, pharmacist, Williamstown, Ky.
INTERSTATE SHIPMENT : From the State of Indiana into the State of Kentucky,
of quantities of Seconal Sodium capsules.
ALLEGED VIOLATION: On or about June 14, 17, and 20, 1949, while the Seconal
Sodium capsules were being held for sale after shipment in interstate com-
merce, the defendant caused various quantities of the capsules to be re-
packed and sold without a prescription, which acts of the defendant resulted in
the repackaged capsules being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
capsules failed to bear a label containing the name and place of business of
the manufacturer, packer, or distributor, and an accurate statement of the
quantity of the contents.
Further misbranding, Section 502 (d), the drug contained a chemical deriva-
tive of barbituric acid, which derivative has been by the Administrator of the
Federal Security Agency, after investigation, found to be, and by regulations
designated as, habit forming; and when repackaged, the drug 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 form-
ing."
Further misbranding, Section 502 (f) (1), the repackaged capsules bore no
labeling containing directions for use.
DISPOSITION: September 25, 1950. A plea of guilty having been entered, the
court imposed a fine of $225, plus costs.
3207 Misbranding of sulfathiazole tablets.   U. S. v. Herman V. Baker (Baker's