3407. Misbranding of Seconal Sodium capsules and amphetamine hydrochloride
tablets. U. S. v. John R. Storms (Belmont Pharmacy). Plea of guilty.
Fine of $500 and sentence of 4 years in jail; prison sentence suspended
and defendant placed on probation for 5 years. (F. D. O. No. 29439.
Sample Nos. 23472-K, 23692-K, 23693-K, 53245-K.)
INFORMATION FILED : September 28, 1950, Southern District of Texas, against
John B. Storms, trading as the Belmont Pharmacy, Houston, Tex.
INTERSTATE SHIPMENT: From the States of Indiana and Pennsylvania into tbe
State of Texas, of quantities of j Seconal Sodium capsules and amphetamine
hydrochloride tablets.
ALLEGED VIOLATION : On or about January 15 and July 30,1949, while the drugs
were being held for sale after shipment in interstate commerce, the defendant
caused quantities ofthe drugs to be repackaged and sold without a prescription,
which acts resulted in the repackaged drugs being misbranded.
NATURE OF CHAKGE: Misbranding, Section 502 (b) (1), the repackaged drugs
failed to bear labels containing the name and place of business of the manu-
facturer, packer, or distributor; Section 502 (b) (2), the repackaged Seconal
Sodium capsules and a portion of the amphetamine hydrochloride tablets failed
to bear labels containing statements of the quantity of the contents; and, Sec-
tion 502 (f) (1), the labeling of the repackaged drugs failed to bear directions _
for use.
Further misbranding, Section 502 (d), the repackaged Seconal Sodium cap-
sule's 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 repackaged capsules failed to bear the name, and quantity or propor-
tion of such derivative and in juxtaposition therewith the statement
"Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged amphetamine
hydrochloride tablets failed to bear a label containing the common or usual
name of the drug; and, Section 502 (f) (2), the labeling of the repackaged
amphetamine hydrochloride tablets failed to bear any warning 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 : March 14, 1951. A plea of guilty having been entered, the court
imposed a fine of $500 and a prison sentence of 4 years against the defendant.
The prison sentence was suspended, and the defendant was placed on probation
for 5 years.