3558. Misbranding of pentobarbital sodium capsules, Dexedrine Sulfate tablets,
thyroid tablets, diethylstilbestrol capsules, and sulfadiazine tablets.
U. S. v. Burley F. Jones (Sidney's Drug Store), Jay J. Gentry, and Cecil
N. Gammon.   Pleas of guilty.   Fine of $100 against defendants jointly.
(F. D. C. No. 30566.   Sample Nos. 76957-K, 76959-K, 76962-K, 76979-K,
77036-K, 77145-K, 77146-K, 77766-K. 77771-K, 7S215-K.)
INFORMATION FILED: June 22, 1951, Western District of Missouri, against
Burley F. Jones, trading as Sidney's Drug Store, Lebanon, Mo., and against
Jay J. Gentry, an employee of the store, and Cecil N. Gammon, a pharmacist
for the store.
INTERSTATE SHIPMENT : From the States of Illinois, Pennsylvania, and Michigan,
into the State of Missouri, of quantities of pentobarbital sodium capsules,
Dexedrine Sulfate tablets, thyroid tablets, diethylstilbestrol capsules, and
sulfadiazine tablets.
ALLEGED VIOLATION : On or about May 21, June 12 and 17, and July 5, 6, and 12,
1950, while the drugs were being held for sale at Sidney's Drug Store after
shipment in interstate commerce, various quantities of the drugs were repacked
and sold without a physician's prescription, which acts resulted in the repack-
aged drugs being misbranded.
Burley F. Jones was charged with causing the acts of repacking and sale
of the drugs involved in each of the ten counts of the information; and, in
addition, Jay J. Gentry in each of two counts of the information and Cecil N.
Gammon in one count of the information were charged with causing such acts
to be done in conection with the drugs involved in those counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing statements of the quantity of the contents;
and, Section 502 (f) (1), the labeling of the repackaged drugs failed to bear
adequate directions for use.
Further misbranding, Section 502 (e) (1), the repackaged Dexedrine Sulfate
tablets failed to bear a label containing the common or usual name of the drug.
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
May be habit forming."
Further misbranding, Section 502 (f) (2), the labeling of the repackaged
sulfadiazine tablets bore no warning against use in those pathological condi-
tions where their use may be dangerous to health, and against unsafe dosage
and methods and duration of administration.
DISPOSITION : September 21,1951. Pleas of guilty having been entered, the court
imposed a fine of $100 against the defendants jointly.