3702. Misbranding of dextroamphetamine sulfate tablets, pentobarbital sodium
capsules, and Seconal Sodium capsules. U. S. v. Georgia Drug Store,
Inc, and Willie W. Gross, Sr. Pleas of nolo contendere. Georgia Drug
Store, Inc., fined $250. Willie W. Gross, Sr., placed on probation for two
years, conditioned that he serve three months in jail if corporation failed
to pay fine. (F. D. C. No. 31297. Sample Nos. 777-L, 1313-L, 1315-L,
1316-L, 1511-L, 1512-L.)
INFORMATION  FILED:   February 12, 1952,  against Georgia Drug  Store,  Inc.,
Atlanta, Ga., and Willie W. Gross, Sr.. president of the corporation.
INTERSTATE SHIPMENT : Within the period from on or about September 22,1950,
to on or about April 5, 1951, various quantities of dextroamphetamine sulfate
tablets, pentobarbital sodium capsules, and Seconal Sodium capsules were
shipped in interstate commerce from the States of Pennsylvania, Illinois,
and Indiana, into the State of Georgia.
ALLEGED VIOLATION : On April 23, 26, 27, and 28, and May 1 and 2, 1951, while
the drugs were being held for sale after shipment 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, Sections 502 (b) (1) and (2), the repackaged
drugs failed to bear labels containing the name and place of business of the     |
manufacturer, packer, or distributor, and accurate 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 pentobarbital sodium capsules
and the Seconal Sodium capsules contained chemical derivatives of barbituric
acid, which derivatives have been found to be, and by regulations designated
as, habit forming; and the repackaged capsules bore no label containing
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) (2), the repackaged dextro-
amphetamine sulfate tablets failed to bear a label containing the common or
usual name of each active ingredient of the drug.
DISPOSITION :    February 29, 1952.   Pleas of nolo contendere having been entered,
the court imposed a fine of $250 against the corporation and placed Willie W.
Gross, Sr., on probation for 2 years, conditioned that if the fine levied on the
/corporation were not paid, he would serve 3 months in jail.