3762. Misbranding of Seconal Sodium capsules.   U. S. v. Andrew Kolanowski.
Plea of guilty.   Fine, $100.    (F. D. C. No. 32746.   Sample No. 9420-L.)
INFORMATION FILED: April 25, 1952, Northern District of Illinois, against
Andrew Kolanowski, an assistant pharmacist for Marshall Drugs, Chicago,
111.
ALLEGED VIOLATION : On or about April 5, 1951, while a number of Seconal
Sodium capsules were being held for sale at Marshall Drugs, after shipment
in interstate commerce, the defendant caused a number of the capsules to be
repacked and dispensed without a physician's prescription, which acts re-
sulted in the drug being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
drug failed to bear a label containing the name and place of business of the
manufacturer, packer, or distributor, and an accurate statement of the
quantity of the contents.
Further misbranding, Section 502 (d), the repackaged drug contained a
chemical derivative of barbituric acid, which derivative has been found to be,
and by regulations designated as, habit forming; and the repackaged drug
failed to bear a 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 (f)   (1), the labeling of the repackaged
drug failed to bear adequate directions for use.
DISPOSITION:   June 2, 1952.   A plea of guilty having been entered; the court
drug failed to bear adequate directions for use.