3287. Misbranding of phenobarbital tablets.    U. S. v. Matthias Prescription
Pharmacy, Inc., and William C Matthias. Pleas of guilty. Fine of $20
against each defendant. (F. D. C. No. 29475.' Sample Nos. 58158-K,
58164-K, 58165-K, 58492-K.)
INFORMATION FILED: November 1, 1950, District of Arizona, against Matthias
Prescription Pharmacy, Inc., Tucson, Ariz., and William C. Matthias, president
of the corporation.
INTERSTATE SHIPMENT : From the State of California into the State of Arizona,
of a number of tablets containing IV2 grains and ? grain of phenobarbital.
ALLEGED VIOLATION : On or about July 21 and August 5, 22, and 23, 1949, while
the tablets were being held for sale after shipment in interstate commerce,
the defendants caused a number of the tablets to be repacked and sold with-
out a physician's prescription, which acts of the defendants resulted in the
tablets being misbranded.
failed to bear a label containing a statement of the quantity of the contents.
Further misbranding, Section 502 (d), the tablets contained a chemical de-
rivative 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 label of the repackaged tablets failed to bear the
name, and quantity or proportion of such derivative and in juxtaposition there-
with the statement "Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of the repack-
aged tablets failed to bear adequate directions for use since the directions
for use "One tablet at bedtime" and "One tablet three times a day after
meals," borne on the labeling of the repackaged tablets, were not adequate
''directions for use.
)isPOsrnoN: November 15, 1950.    Pleas of guilty having been entered, the
court imposed a fine of $20 against each defendant.