3223. Misbranding of Benzedrine  Sulfate tablets,  Seconal  Sodium  capsules,
Sulfonamides. Triplex tablets and Benadryl Hydrochloride capsules. U. S.
v. Edwin L. Martin (Martin's Drug Store). Plea of nolo contendere.
Defendant placed on probation for 1 year. (F. D. C. No. 26732. Sample
Nos. 45577-K to 45580-K, incl., 45969-K, 45970-K, 45973-K, 46181-K.)
INFORMATION FILED : September 26, 1949, Western District of Arkansas against
Edwin L. Martin, trading as Martin's Drug Store, Hot Springs, Ark.
INTERSTATE SHIPMENT: Between the approximate dates of May 12 and Decem-
ber 20, 1948, from the States of Missouri, Indiana, and Pennsylvania, into
the State of Arkansas.
ALLEGED VIOLATION: On or about December 28, 1948, and February 4, 5, and
12,1949, while the drugs were being held for sale after shipment in* interstate
commerce, the defendant caused a number of the tablets and capsules to be
removed from the bottles in which they had been shipped, and to be repacked
and sold to various persons without a prescription, which acts of the defend-
ant resulted in the repackaged drugs being misbranded.
NATTOE OF CHARGE: Misbranding, Section 502 (b) (2), the labels of the re-
packaged drugs bore no statement of the quantity of the contents; and,
Section 502 (f)  (1), the labeling of the drugs bore no directions for use.
Further misbranding, Section 502 (d), the Seconal Sodium was a drug
for use by man and contained a chemical derivative 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 form-
ing; and the labels of the repackaged drug failed to bear 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) (2), the repackaged Sulfonamides
Triplex tablets were fabricated from two or more ingredients, and the label
of the repackaged tablets failed to bear the common or usual name of each
active ingredient, namely sulfathiazole, sulfadiazine, and sulfamerazine; and,
Section 502 (f) (2), the repackaged Sulfonamides Triplex tablets bore no
labeling containing adequate warnings against use in those pathological con-
ditions and by children where their use may be dangerous to health, and
against unsafe dosage and methods and duration of administration.
DISPOSITION : October 3, 1949. A plea of nolo contendere having been entered,
the court placed the defendant on probation for 1 year.