3307. Misbranding  of  Seconal  Sodium  capsules,  dextroamphetamine hydro
chloride tablets, phenobarbital tablets, and sulfadiazine tablets. U. S. v.
George E. Stone (Stone's Drug Store). Plea of nolo contendere. Fine,
$200. (F. D. C. No. 29429. Sample Nos. 27078-K, 61046-K, 61426-K,
61738-K.)
INFORMATION FILED : June 28,1950, Western District of Kentucky, against George
?E. Stone, trading as Stone's Drug Store, Mayfield, Ky.
INTERSTATE SHIPMENT :   From the States of Indiana, Pennsylvania, and Missouri
 into the State of Kentucky, of quantities of Seconal Sodium capsules, dextro-
amphetamine hydrochloride tablets, phenobarbital tablets, and sulfadiazine
tablets.
ALLEGED VIOLATION : On or about September 27, 28, and 29, 1949, while the drugs
were being held for sale after shipment in interstate commerce, the defendant
caused various quantities of the drugs to be repackaged and sold to various
persons without a prescription, which acts of the defendant resulted in the
repackaged drugs being misbranded.
NATURE OF CHARGE:   Misbranding, Section 502 (b) (1), the repackaged sulfadia-
zine tablets failed to bear a label containing the name and place of business of
the manufacturer, packer, or distributor; and, Section 502 (b) (2), all of the "
repackaged drugs failed to bear labels containing statements of the quantity
of the contents.
Further misbranding, Section 502 (d), the Seconal Sodium capsules and the
phenobarbital tablets contained chemical derivatives of barbituric acid, which
derivatives, the Federal Security Administrator, after investigation, has found
to be, and by regulations designated as, habit forming; and when repackaged,
the capsules and tablets failed to bear labels containing the name, and quan-
tity or proportion of such derivatives and in juxtaposition therewith the state-
ment "Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of all of the re-
packaged drugs bore no directions for use; and, Section 502 (f) (2), the label-
ing of the repackaged dextroamphetamine hydrochloride tablets and the sulfa-
diazine tablets bore no warnings against use in those pathological conditions
wliere their use may be dangerous to health, and against unsafe dosage and
methods and duration of administration.
DISPOSITION: October 23, 1950. A plea of nolo contendere having been entered,
the court imposed a fine of $200.