3284. Misbranding of Seconal Sodium capsules.   U. S. v. Edwin E. Wiegand.
Plea of nolo contendere. Fine of $1,000 on count 1; sentence suspended
on remaining three counts of information and defendant placed on
probation for 1 year. (P. D. C. No. 29450. Sample Nos. 41977-K,
41978-K, 59949-K, 59957-K.)
INFORMATION FILED : September 6, 1950, Eastern District of Wisconsin, against
Edwin E. Wiegand, Milwaukee, Wis.
ALLEGED VIOLATION : The defendant, on or about March 17 and 21, 1950, caused
the introduction into interstate commerce at Milwaukee, Wis., for delivery to
Chicago, 111., of quantities of Seconal Sodium capsules which were mis-
branded. The defendant also made two over-the-counter sales of Seconal
Sodium capsules.
The capsules had been shipped in interstate commerce from Indianapolis,
Ind., to Milwaukee, Wis., and while held for sale after such shipment, the
capsules were repacked by the defendant and sold without a physician's pre-
scription, which acts of the defendant resulted in the capsules being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the capsules
failed to bear labels containing the name and place of business of the manu-
facturer, packer, or distributor, and a statement of the quantity of the contents.
Further misbranding, Section 502 (d), the capsules contained a chemical
derivative of barbituric acid, which derivative, the Federal Security Admin-
istrator, after investigation, has found to be, and by regulations designated as,
habit forming; and the capsules 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 capsules bore no labeling
containing directions for use.
DISPOSITION : December 11, 1950. A plea of nolo contendere having been en-
tered, the court imposed a fine of $1,000 on count 1, suspended the imposition
of sentence on the remaining three counts of the information, and placed the
defendant on probation for 1 year.