3466. Misbranding of phenobarbital tablets.    U. S. v. Renton Ten Cent Drug.
Plea of nolo contendere.   Fine, $1,500.   (F. D. C. No. 29428.   Sample Nos.
20754-K, 40808-K.)
INFORMATION FILED : January 30, 1951, Western District of Washington, against
the Renton Ten Cent Drug, a partnership, Renton, Wash.
ALLEGED VIOLATION : On or about December 4, 1948, the defendant caused to be
introduced into interstate commerce at Renton, Wash., for delivery to Omaha,
Nebr., a quantity of phenobarbital tablets which were misbranded.
In addition, on or about June 2, 1949, while a number of phenobarbital tab-
lets were being held for sale at the defendant's store, the defendant caused a
number of the tablets to be repacked and sold without a physician's prescrip-
tion, which acts resulted in the tablets being misbranded.
NATTJKE OF CHAKGE : Misbranding, Section 502 (b) (2), the phenobarbital tablets
failed to bear a label containing a statement of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the tablets failed to bear adequate
directions for use since the directions "Half tablet night and morning" and
"One tablet as necessary" were not adequate directions 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 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 : June 7, 1951. A plea of nolo contendere having been entered,
the court imposed a fine of $1,500 against the partnership.