3370. Misbranding of Dexedrine Sulfate tablets, phenobarbital tablets, and sul-
fadiazine tablets. U. S. v. Thomas G. Hopkins (Hopkins Nyal Drug
Store), and James Sorrell. Pleas of nolo contendere. Imposition of
sentence suspended and defendants placed on probation for 1 year.
(F. D. C. No. 30017. ? Sample Nos. 61890-K, 72124-K, 77709-K, 77719-K,
77727-K.)
INFORMATION FILED: January 15, 1951, Western District of Arkansas, against
Thomas G. Hopkins, trading as the Hopkins Nyal Drug Store, Mena, Ark., and
James Sorrell, an employee at the store.
INTERSTATE SHIPMENT : From the States of Pennsylvania and Missouri into the
State of Arkansas, of quantities of Dexedrine Sulfate tablets, phenobarbital
tablets, and sulfadiazine tablets.
ALLEGED VIOLATION : On or about March 6, 10, 13, and 14, 1950, while the drugs
were being held for sale after shipment in interstate commerce, the defendants
caused various quantities of the drugs to be repacked and sold without a pre-
scription, which acts resulted in the repackaged drugs being misbranded.
Thomas G. Hopkins was named as a defendant in all counts, and James Sor-
rell was named as a defendant in all counts, with the exception, of the count
charging a violation resulting from one sale of phenobarbital tablets.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
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 labeling of the repackaged drugs failed
to bear directions for use.
Further misbranding, Section 502 (d), the phenobarbital tablets contained
a chemical derivative of barbituric acid, which derivative, the Federal Security
Administrator, after investigation, has found to be, and by regulations desig-
nated 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."
Further misbranding, Section 502 (e) (1), the Dexedrine Sulfate tablets
and a portion of the sulfadiazine tablets failed to bear labels containing the
common or usual names of the drugs; and, Section 502 (f) (2), the labeling of
the repackaged sulfadiazine tablets failed to bear warnings against use in
those pathological conditions where their use may be dangerous to health, and
against unsafe dosage and methods and duration of administration.
DISPOSITION : February 5, 1951. Pleas of nolo contendere having been entered,
the court suspended the imposition of sentence against the defendants and
placed each defendant on probation for 1 year.