3485. Misbranding of Benzedrine Sulfate tablets, pentobarbital sodium capsules,
and Seconal Sodium capsules. U. S. v. Linus D. Drury Corp. (Drury's
Pharmacy), and Ralph E. Anderson. Pleas of nolo contendere. Fine
of $250 against corporation and $50 against individual.    (F. D. C. No.

30583.    Sample   Nos.   79939-K,   79975-K   to   79977-K,   incl.,   80311-K,
80365-K, 80371-K, 80441-K, 80541-K.).
INFORMATION FILED : June 1,1951, District of Massachusetts, against the Linus
D. Drury Corp., trading as Drury's Pharmacy, Boston, Mass., and Ralph E.
Anderson, treasurer of the corporation.
INTERSTATE SHIPMENT : From the States of Pennsylvania, Illinois, and Indiana,
into the State of Massachusetts, of quantities of Benzedrine Sulfate tablets,
pentobarbital sodium capsules, and Seconal Sodium capsules.
ALLEGED VIOLATION: On or about September 12, 14, 20, 22, 25, 27, and 28, and
October 3 and 4, 1950, while the drugs were being held for sale after ship-
ment in interstate commerce, the defendants caused various 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;
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 eight A. M.
one at four P. M. with water" borne on the labeling of the Benzedrine Sulfate
tablets and "One capsule at bedtime" borne on the labeling of the pentobarbital
sodium capsules and the Seconal Sodium capsules were not adequate directions
for use; and, Section 502 (e) (1), the repackaged Benzedrine Sulfate tab-
lets failed to bear a label containing the common or usual name of the drug.
Further misbranding, Section 502 (d), the repackaged Seconal Sodium cap-
sules and the pentobarbital sodium capsules contained derivatives of barbi-
turic acid, which derivatives have been found to be, and by regulations desig-
nated as, habit forming; and the labels of the repackaged capsules failed to
bear the name, and quantity or proportion of each such derivative and in
juxtaposition therewith the statement "Warning-May be habit forming."
DISPOSITION : June 12, 1951. Pleas of nolo contendere having been entered,
the court fined the corporation $250 and the individual $50.