3308. Misbranding   of  diethylstilbestrol  tablets   and   phenobarbital   tablets.
U. S. v. Ernest Smith.   Plea of nolo contendere.   Fine, $100.   (F. D. C.
No. 29418.    Sample Nos. 27069-K, 27070-K.)
INFORMATION FILED : June 7,1950, Western District of Kentucky, against Ernest
Smith, manager of the Owl Drug Co., Fulton, Ky.
INTERSTATE SHIPMENT : From the States of Indiana and Texas into the State of
Kentucky, of quantities of diethylstilbestrol tablets and phenobarbital tablets.   .
ALLEGED VIOLATION : On or about September 28,1949, while the drugs were being
held for sale after shipment in interstate commerce, the defendant caused vari-
ous quantities of the drugs to be repackaged and sold without a prescription,
which acts of the defendant resulted in the repackaged drugs being misbranded.
NATURE OF CHARGE:   Misbranding, Sections 502 (b) (1) and (2), the repackaged     C~
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 repackaged drugs bore no labeling
containing directions for use.
Further misbranding, Section 502 (d), the phenobarMtal tablets contained
a chemical derivative of barbituric acid, which derivative, the Federal Secu-
rity Administrator, after investigation, has found to be, and by regulations
designated as, habit forming; and when repackaged, the tablets 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."
DISPOSITION : October 23,1950. A plea of nolo contendere having been entered,
the court imposed a fine of $100.