3283. Misbranding of Seconal Sodium capsules and Benzedrine Sulfate tablets.
U. S. v. Stephen E. Piotrowski (Stephen E. Piotrowski Pharmacy).
Plea of guilty. Fine, $300. (F. D. O. No. 29454. Sample Nos. 60660-K
to60664-K, incl.)
INFORMATION FILED : September 11,1950, Eastern District of Wisconsin, against
Stephen E. Piotrowski, trading as the Stephen D. Piotrowski Pharmacy, Mil-
waukee, Wis.
INTERSTATE SHIPMENT: From the States of Indiana and Pennsylvania, into
the State of Wisconsin, of quantities of Seconal Sodium capsules and Benze-
drine Sulfate tablets.
ALLEGED VIOLATION : On or about September 28 and 30 and October 1, 13, and
18, 1949, while the drugs were being held for sale after shipment in interstate
commerce, the defendant caused a number of the capsules and tablets to be
repacked and sold without a prescription, which acts of the defendant re-
sulted in the repackaged drugs being misbranded.
NATURE OF CHARGE; Misbranding, Sections 502 (b)(1) and (2), the repackaged
drugs failed to bear labels containing the name and place of business of the
manufacturer, packer, or distributor, and a statement of the quantity of the
contents; and, Section 502 (f) (1), the labeling of the repackaged drugs bore
no directions for use. 
   .
Further misbranding, Section 502 (d), the Seconal Sodium capsules contained
a chemical derivative of barbituric acid, which derivative, the Federal Se-
curity Administrator, after investigation, has found to be, and by regulations
designated as, habit forming; and the label of the repackaged capsule's failed
to bear the name, and quantity or proportion of such derivative and in juxta-
position therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), a portion of the repackaged
Benzedrine Sulfate tablets failed to bear a label containing the common or usual
.   name of the drug.
DISPOSITION: November 27, 1950. A plea of guilty having been entered, the
court imposed a fine of $300.