3245. Misbranding of Seconal Sodium capsules.   U. S. v. Johnson's Drug Store,
Inc., and George W. Johnson.   Plea of guilty.   Fine, $50.    (F. D. C.~
No. 29424.    Sample Nos. 3025-K, 3026^-K.)
INFORMATION FILED : August 4,1950, Eastern District of Virginia, against John-
son's Drug Store, Inc., and George W. Johnson, president of the corporation,
Richmond, Va.
INTERSTATE SHIPMENT: Between the approximate dates of January 18 and Sep-
tember 27, 1949, from the State of Indiana into the State of Virginia, of quan-
tities of Seconal Sodium capsules.
ALLEGED VIOLATION : On or about October 6 and 12,1949, while the drug was be-
ing held for sale after shipment in interstate commerce, the defendants eaused
a number of the Seconal Sodium capsules to be repacked into bottles and to
be sold without a prescription, which acts of the defendants resulted in the
capsules being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), the label of the repack-
aged Seconal Sodium, capsules bore no statements containing the name and
place of business of the manufacturer, packer, or. distributor; and,: Section 502'
(b) (2), the repackaged capsules bore no label containing a statement of the
quantity of the contents.
Further misbranding Section 502 (d), the drug contained a chemical deriva-
tive of barbituric acid, which derivative the Federal Security Administrator,
after investigation, has 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 forming."
Further misbranding, Section 502 (f)  (1), the repackaged capsules bore no
labeling containing directions for use.
DISPOSITION:   September 13, 1950.   A plea of guilty having been entered, the
court imposed a fine of $50.