3603. Misbranding of pentobarbital sodium capsules and dextroamphetamine
sulfate tablets. U. S. v. John H. Drake and William H. Childers. Pleas
of guilty. Sentence of 12 months and fine of $500 against William H.
Childers; execution of sentence suspended and defendant placed on
probation for 3 years. John H. Drake fined $150 and placed on proba-
tion for 2 years. (F. D. C. No. 30620. Sample Nos. 82196-K, 93245-K,
93251-K, 93254-K.)
INFORMATION FILED : September 5, 1951, Northern District of Georgia, against
John H. Drake, manager of Drake's Pharmacy, East Point, Ga., and against
William H, Childers, a pharmacist employed in the store.
INTERSTATE SHIPMENT :    From the States of Illinois and Pennsylvania into the
. State of Georgia, of quantities of pentobarbital sodium capsules and dextro-
amphetamine sulfate tablets.
ALLEGED VIOLATION : On or about November 2, 13, 17, and 22, 1950, while the
drugs were being held for sale at Drake's Pharmacy after shipment in inter-
state commerce, quantities of the drugs were repacked and dispensed without
a physician's prescription.
William H. Childers in 3 counts of the information and John H. Drake in
1 count were charged with causing the acts of repacking and dispensing the
repackaged drugs.
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
any directions for use.
*See also No. 3601.
Further misbranding, Sectipn 502 (b) (1), the repackaged pentobarbital
sodium capsules failed to bear a label containing the name and place of busi-
ness of the manufacturer, packer, or distributor. Further misbranding, Sec-
tion 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 pentobarbital
sodium capsules failed to bear the name, and quantity or proportion of such
derivative and in juxtaposition therewith the statement "Warning-May be
habit forming."
Further misbranding, Section 502 (e) (1), the label of the repackaged
dextroamphetamine sulfate tablets failed to bear the common or usual name
of the drug.
DISPOSITION : October 19, 1951. Pleas of guilty having been entered, the Court
imposed a sentence of 12 months and a fine of $500 against William H. Ohilders,
but suspended the execution of the sentence and placed him on probation for
.3 years; and, in addition, the court imposed a fine of $150 against John H.
Drake and placed him on probation for 2 years.