3743. Misbranding of dextroamphetamine sulfate tablets and Seconal Sodium
capsules. U. S. v. Hoffman's Pharmacy and Guy W. Hoffman. Pleas of
nolo contendere. Each defendant fined $150 and placed on probation
for 1 year. (F. D. C. No. 32710. Sample Nos. 1549-L, 1551-L, 1880-L,
1881-L, 1885-L, 1886-L.)
INFORMATION FILED: May 2, 1952, Northern District of Georgia, against Hoff-
- man's Pharmacy, a partnership, Atlanta, Ga., and Guy W. Hoffman, a partner
in the partnership.
ALLEGED VIOLATION : On or about August 22 and September 4 and 5, 1951, while
a number of dextroamphetamine sulfate tablets and Seconal Sodium capsules
were being held for sale at Hoffman's Pharmacy after shipment in interstate
commerce, the defendants caused quantities of the drugs to be repacked and
dispensed without a 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 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 repackaged Seconal 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 labels of the repackaged capsules failed to bear the name, and quantity
or proportion of such derivative and in juxtaposition therewith the statement
"Warning-May be habit forming."
'See also No. 3760 (veterinary preparations).
DISPOSITION : June 5, 1952. Pleas of nolo contendere having been entered, the
court imposed a fine of $150 against each of the defendants and placed them
on probation for 1 year.