3484. Misbranding of Seconal Sodium tablets and Benzedrine Sulfate tablets.
U. S. v. Abraham S. Brown (Cumberland Drug). Plea of nolo con-
tendere. Fine, $300. (F. D#C. No. 30560. Sample Nos. 79942-K to
79946-K, incl., 79962-K to 79966-K, incl.)
INFORMATION FILED : June 1, 1951, District of Massachusetts, against Abraham
S. Brown, trading as the Cumberland Drug, Boston, Mass.
ALLEGED SHIPMENT: From the States of Indiana and Pennsylvania into the
State of Massachusetts, of quantities of Seconal Sodium tablets and Benze-
drine Sulfate tablets.
ALLEGED VIOLATION : On or about June 15, 21, and 30, and July 7, 10, 14, 15,
19, 20, and 24, 1950, while the drugs were being held for sale after shipment
in interstate commerce, the defendant caused various quantities of the drugs
to be repacked and sold without a physician's prescription, which acts re-
sulted 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;
Section 502 (f) (1), the labeling of the repackaged drugs failed to bear ade-
quate directions for use in that the directions "One tablet at bedtime as
needed" appearing in the labeling of the repackaged Seconal Sodium tablets t
and "One on arising ? at noon," "as directed," and "One tablet on arising
One tablet at noon" appearing in the labeling of the repackaged Benzedrine
Sulfate tablets were not adequate directions for use; and, Section 502 (e) (1),
the label of the repackaged Benzedrine Sulfate tablets failed to bear the
common or usual name of the drug.
Further misbranding, Section 502 (d), the Seconal Sodium tablets contained
a chemical derivative of barbituric acid, which derivative has been found to
be, and by regulations designating as, habit forming; and the label of the
repackaged 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 12, 1951. A plea of nolo contendere having been entered,
the court imposed a fine of $300.