FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
3301-3320
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district courts
by the United States attorneys, acting upon reports submitted by the Federal
Security Agency, and include, where indicated, the results of investigations of
the Agency, prior to the institution of the proceedings. Published by direction of
the Federal Security Administrator.
PAUL B. DUNBAR, Commissioner of Food and Drugs.
WASHINGTON, D. 0., April 4, 1951.
Page
Drugs and devices actionable be-
cause of failure to bear ade-
quate   directions   or   warning
statements
276
Drugs and devices actionable be-
cause of deviation from official
or own standards
291
CONTENTS*
Page
Drugs and devices actionable be-
cause of false and misleading
claims 
292
Drugs for human use 
292
Drugs for veterinary use 
296
Index 
297
*For presence of a habit-forming narcotic without warning statement, see Nos. 3301-3308: omission of, or
unsatisfactory, ingredients statements, Nos. 3302, 3303, 3305; failure to bear a label containing an accurate
statement of the quantity of the contents, Nos. 3301-3308,3313; failure to bear a label containing the name and
place of business of the manufacturer, packer, or distributor, Nos. 3302-3305,3307,3308,3313,3316; cosmetics
actionable under the drug provisions of the Act, No. 3316 (DermaCulture Formula No. 103, cleansing lotion
herbal astringent, granular cleanser, DermaCulture Formula No. 102, and DermaCulture Formula No. 104)
933396??51 1
 27
DRUGS AND DEVICES ACTIONABLE BECAUSE OF FAILURE TO BEAR
ADEQUATE DIRECTIONS OR WARNING STATEMENTS
3301. Misbranding of Seconal Sodium capsules.   U. S. v. Jones Drug Co. and
Walter W. Hafley.   Pleas of guilty.   Fine of $20 against each defendant.
(F. D. C. No. 29478.    Sample Nos. 31933-K, 31935-K, 58077-K, 58152-K.)
INFORMATION FILED : November 1, 1950, District of Arizona, against the Jones
Drug Co., a partnership, Tucson, Ariz., and Walter W. Hafley, a partner in the
partnership.
INTERSTATE SHIPMENT : Between the approximate dates of April 14 and June 15,
19^9, from the State of Indiana into the State of Arizona.
ALLEGED VIOLATION : On or about July 20 and August 12, 23, and 25,1949, while
the drug was held for sale after shipment in interstate commerce, the defendant
caused a number of the Seconal Sodium capsules to be repacked and sold with-
out a prescription, which acts resulted in the capsules being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged capsules
failed to bear a label containing 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 label of the repackaged capsules 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 directions for use "One cap-
sule at bedtime," borne on the labeling of the repackaged capsules, were not
adequate directions for use.
DISPOSITION : November 15, 1950. Pleas of guilty having been entered, the
court imposed a fine of $20 against each defendant.