3464. Misbranding of Seconal Sodium capsules, Carbrital capsules, and pento
barbital sodium capsules. U. S. v. Corner Drug Co., Inc. (Donovan Drug
Co.), and Charles E. Donovan. Pleas of nolo contendere. Fine of $250
against corporation and $50 against individual. (F. b. C. No. 30570.
Sample Nos. 80018-K to 80020-K, incl., 80282-K, 80285-K, 80296-K,
80297-K, 80301-K, 80310-K, 80318-K, 80319-K, 80359-K.)
INFORMATION FILED: June 1, 1951, District of Massachusetts, against Corner
Drug Co., Inc., trading as the Donovan Drug Co., Boston, Mass., and against
Charles E. Donovan, treasurer of the corporation.
INTEBSTATE SHIPMENT : From the States of Indiana, Michigan, and New York,
into the State of Massachusetts, of quantities of Second Sodium capsules,
Carbrital capsules, and pentobarbital sodium capsules.
ALLEGED VIOLATION: On or about September 1, 5, 6, 8, 11, 13, 16, 18, and 20,
1950, while the drugs were being held for sale after shipment in interstate
commerce, the defendant caused quantities of the drugs to be repacked and
sold without a physician's prescription, which acts resulted in the repackaged
drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing statements of the quantity of the contents.
Further misbranding, Section 502 (d), the repackaged capsules contained
chemical derivatives of barbituric acid, which derivatives have been found to
be, and by regulations designated as, habit forming; and the labels of the re-
packaged capsules failed to bear the name, and quantity or proportion of such
derivative and in juxtaposition therewith the statement "Warning-May be
habit forming"; and, in addition, the Carbrital capsules contained a substance,
carbromal, and the label of the capsules failed to bear the name, and quantity
or proportion of such substance and in juxtaposition therewith the statement
"Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of the repackaged
capsules failed to bear adequate directions for use since the directions "One
at bed time" appearing in the labeling of the Seconal Sodium capsules, "One
capsule at bed time" appearing in the labeling of the Carbrital capsules, and
"One capsule at night" and "One at night" appearing in the labeling of a
number of the repackaged pentobarbital sodium capsules were not adequate
directions for use, and since the labeling of a portion of the repackaged pento-
barbital sodium capsules bore no directions for use.
DISPOSITION : June 12, 1951. Pleas of nolo contendere having been entered, the
court imposed a fine of $250 against the corporation and $50 against the
individual.