3327. Misbranding of pentobarbital sodium capsules and sulfathiazole tablets.
U. S. v. Morris Dunn (Dunn Drug Store). Plea of guilty. Fine of $200
and sentence of 8 months in jail; jail sentence suspended and defendant
placed on probation for 3 years. (F. D. C. No. 28108. Sample Nos.
46272-K, 46273-K, 46277-K, 46284-K.)
INFORMATION FILED: December 6, 1949, Eastern District of Missouri, against
Morris Dunn, trading as the Dunn Drug Store, St. Louis., Mo.
State of Missouri, of quantities of pentobarbital so-Mum e&psules and ???/a-
thiazole tablets.
ALIEGED VIOLATION : On or about May 12, 13, 22, and 26, 1949, while the drugs
were being held for sale after shipment in interstate commerce, the defendant
caused a number of the capsules and tablets to be repacked and sold without
a prescription, which acts resulted in the repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the re-
packaged drugs bore no labels containing the name and place of business of
the manufacturer, packer, or distributor, or a statement of the quantity of
the contents.
Further misbranding, Section 502 (d), the pentobarbital sodium capsules
contained a chemical derivative of barbituric acid, which derivative, the Fed-
eral Security Administrator, after investigation, has found to be, and by regu-
lations designated as, habit forming; and the repackaged capsules bore no
label containing the name, and quantity or proportion of such derivative and
in juxaposition therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the repackaged sulfathiazole
tablets bore no labeling containing directions for use; and, Section 502 (f) (2),
the repackaged sulfathiazole tablets bore no labeling containing warnings
against use in those pathological conditions where their use may be danger-
ous to health, and against unsafe dosage and methods and duration of
administration.
DISPOSITION: December 12, 1950. A plea of guilty having been entered, the
court imposed a fine of $200 and a sentence of 8 months in jail. Upon pay-
ment of the fine, the jail sentence was suspended and the defendant was placed
on probation for 3 years.