3403. Misbranding of phenobarbital tablets and Dexedrine  Sulfate tablets.
U. S. v. Smith's of Spartanburg, Inc., and Richard B. Burnett.   Pleas
ol nolo contendere.   Fine of $100 against corporation and $25 against   1

393
individual; each defendant placed on probation for 5 years.    (P. D. C.
No. 30046.    Sample Nos. 81885-K, 81886-K, 81981-K, 81982-K, 81988-K,
81989-K.)
INFORMATION FILED: February 21, 1951, Western District of South Carolina,
against Smith's of Spartanburg, Inc., Spartanburg, S. C, and Richard B.
Burnett, pharmacist for the corporation.
INTERSTATE SHIPMENT : From the States of Georgia and Pennsylvania into the
State of South Carolina, of quantities of phenobarbital tablets and Dexe&rine
Sulfate tablets.
ALLEGED VIOLATION: On or about July 13 and 20 and August 9, 1950, while
the drugs were being held for sale at Smith's of Spartanburg, Inc., after ship-
ment in interstate commerce, various quantities of the tablets were repacked
and sold without a prescription, which acts resulted in the repackaged tablets
being misbranded.
Smith's of Spartanburg, Inc., was charged with causing the acts of repack-
ing and sale of the drugs involved in each of the 6 counts of the information;
and, in addition, Richard B. Burnett, in two of the counts of the information,
was charged with causing such acts to be done in connection with the drugs
involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing a statement of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the repackaged drugs bore no direc-
tions for use.
Further misbranding, Section 502 (d), the phenobarbital tablets contained
a chemical derivative of barbituric acid, which derivative has been found to
be, and by regulations designated as, habit forming; and the label of the re-
packaged phenobarbital tablets failed to bear the name, and quantity or
proportion of such derivative and in juxtaposition therewith the statement
"Warning-May be habit forming."
DISPOSITION : April 5, 1951. Pleas of nolo contendere having been entered,
the court imposed a fine of $100 against the corporation and $25 against the
individual and placed each defendant on probation for 5 years.