3766. Misbranding of pentobarbital sodium capsules.    U. S. v. .Albert Blank
(Eliot Square Pharmacy). Plea of guilty. Defendant fined $500 and
sentenced to prison for 1 year; prison sentence suspended and de-
fendant placed on probation for 2 years. (F. D. C. No. 32703. Sample
No. 4857-L.)
INFORMATION FILED: April 3, 1952, District of Massachusetts, against Albert
Blank, trading as Eliot Square Pharmacy, Boston, Mass.
ALLEGED VIOLATION : On or about September 18, 1951, while a number of pento-
barbital sodium capsules were being held for sale at the Eliot Square Pharmacy
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 resulted in the repackaged drug being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repack-
aged 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 562 (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: April 18, 1952. A plea of guilty having been entered, the court
imposed a fine of $500 and a sentence of one year in prison. The prison
sentence was suspended, and the defendant was placed on probation for 2
years.