3244. Misbranding of  Seconal  Sodium capsules.    U.  S. v. Minter  A.  Dunn \
(Glade Spring Pharmacy). Plea of guilty. Defendant fined $1,000 and
placed on probation for one year. (F. D. C. No. 29115. Sample Nos.
2339-K to 2343-K, incl., 2345-K.)
INFORMATION FILED : June 7, 1950, Western District of Virginia, against Minter
A. Dunn, trading as the Glade Spring Pharmacy, Glade Spring, Va.
INTERSTATE SHIPMENT: Between the approximate dates of May 3 and July 6,
1949, from the State of Indiana into the State of Virginia, of a quantity of
Seconal Sodium capsules.
ALLEGED VIOLATION :   On or about August 6, 9,12, 18, 20, and 22, 1949, while the
drug was being held for sale after shipment in interstate commerce, the de-
fendant caused a number of Seconal Sodium capsules to be repacked and sold
without a prescription, which acts of the defendant resulted in the capsules
; being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the repackaged Second
Sodium capsules, with the exception of those involved in one sale, failed to
bear a label containing the name and place of business of the manufacturer,
packer, or distributor; and, Section 502 (b) (2), all of the repackaged capsules
failed to bear a label containing a statement of the quantity of the contents.
Further misbranding, Section 502 (d), the drug contained a chemical de-
rivative of barbituric acid, which derivative has been found to be, and by
regulations designated as, habit forming; and when repackaged, the label
failed to bear the name, and quantity or proportion of such derivative and the
statement "Warning-^May be habit forming."
Further misbranding, Section 502 (f)   (1), the labeling of the repackaged
capsules failed to bear directions for use.
DISPOSITION : October 2, 1950. A plea of guilty having been entered, the court
imposed a fine of $1,000 and placed the defendant on probation for one year.