3445. Misbranding of thyroid tablets, pentobarbital sodium capsules, and Tri-
cpmbisul tablets.  U. S. v. Harvey L. Claybaugh.  Plea of nolo contendere.
Fine of $1,000 and sentence of 1 year in jail; jail sentence suspended
and defendant placed on probation for 1 year.    (F. D. C. No. 29998.
Sample Nos. 71094-K, 71106-K, 71110-K, 71117-K.)
INFORMATION FILED :   February 21, 1951, District of Nevada, against Harvey L.
Claybaugh, Las Vegas, Nev.
INTERSTATE SHIPMENT :    From the State of California into the State of Nevada,
of quantities of thyroid tablets, pentobarbital sodium capsules, and Tricombi-
sul tablets.
ALLEGED VIOLATION :    On or about January 30 and February 3, 4, and 13, 1950,
while the drugs were being held for sale after shipment in interstate com-
merce, the defendant caused various quantities of the drugs to be repacked
and sold without a physician's prescription, which acts resulted in the repack-
aged drugs being misbranded.
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   v-
to bear adequate directions for use in that the labeling bore no directions for
use.
Further misbranding, Section 502 (d), the pentobarbital sodium capsules
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 proportion
of such derivative and the statement "Warning??May be habit forming.
Further misbranding, Section 502 (e) (2), the label of the repackaged
Tricombisul tablets failed to bear the common or usual name of each active
ingredient of the drug, namely, sulfaeetimide, sulfadiazine, and sulfamerazine;
and, Section 502 (f) (2), the repackaged thyroid tablets and TricomMsul
tablets bore no labeling containing 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: March 8, 1951. A plea of nolo contendere having been entered,
the court imposed a fine of $1,000 and a sentence of 1 year in jail. The jail
sentence was suspended, and the defendant was placed on probation for 1 year.