3647. Misbranding of Tuinal capsules, Gantrisin tablets, and Benzedrine Sulfate
tablets. U. S. v. Nathan Stoller (Stoller's Pharmacy). Plea of nolo
contendere. Fine, $300. (F. D. C. No. 31243. Sample Nos. 79980-K,
80009-K to 80012-K, incl., 80244-K to 80251-K, incl.)
INFORMATION FILED : November 8, 1951, District of Massachusetts, against
Nathan Stoller, trading as Stoller's Pharmacy, Boston, Mass.
INTERSTATE SHIPMENT : From the States of Massachusetts, New Jersey, Indiana,
and Pennsylvania, into the State of Massachusetts, of quantities of Tuinal
capsules, Gantrisin tablets, and Benzedrine Sulfate tablets.
ALLEGED VIOLATION : On or about August 26 and 28 and September 1, 7, 10, 11,
13, and 18, 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 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;
and Section 502 (f) (1), the labeling of the repackaged drugs failed to bear
adequate directions for use.
Further misbranding, Section 502 (d), the Tuinal capsules contained de-
rivatives of barbituric acid, which derivatives have been found to be, and by
regulations designated as, habit forming; and the labels of the 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."
Further misbranding, Section 502 (e) (1), the labels of the Benzedrine
Sulfate tablets failed to bear the common or usual name of the drug; Section
502 (e) (2), the Gantrisin tablets were fabricated from two or more ingredients,
and the labels of the tablets failed to bear the common or usual name of each
active ingredient of the drug; and, Section 502 (f) (2), the labeling of the re-
packaged Gantrisin tablets failed to bear adequate warnings against use in
those pathological conditions where the use of the drug may be dangerous to
health, and against unsafe dosage and methods and duration of administra-
tion, in such manner and form, as are necessary for the protection of users.
DISPOSITION : December 6,1951. A plea of nolo contendere having been entered,
the court imposed a fine of $300.