3782. Misbranding of dextroamphetamine sulfate tablets, racemic amphetamine
sulfate tablets, Seconal Sodium capsules, thyroid tablets, and diethyl-
stilbestrol tablets. U. S. v. Allen Pearman (Pearman's Drug Store).
Plea of guilty. Fine of $750, plus costs. (F. D. C. No. 31306. Sample
Nos. 31167-L, 31168-L, 31285-L, 31290-L, 31936-L, 31937-L.)
INFORMATION FILED: February 27, 1952, Eastern District of Illinois, against
H. Allen Pearman, trading as Pearman's Drug Store, Paris, 111.
ALLEGED SHIPMENT : On or about May 8 and 9 and June 5,1951, while a number
of dextro-amphetamine sulfate tablets, racemio amphetamine sulfate tablets,
Seconal Sodium capsules, thyroid tablets, and diethylstilbestrol tablets were
being held for'sale at Pearman's Drug Store after shipment in interstate com-
merce, the defendant caused various quantities of the drugs to be repacked
and dispensed 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 a label containing an accurate statement 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 (b) (1), the repackaged racernic ampheta-
mine sulfate tablets and Seconal Sodium capsules failed to bear labels con-
taining the name and place of business of the manufacturer, packer, or dis-
tributor; and Section 502 (e) (1), the repackaged racernic amphetamine sul-
fate tablets and diethylstilbestrol tablets and a portion of the repackaged
dextro-amphetamine sulfate taolets failed to bear labels containing the com-
mon or usual name of the drugs.
Further misbranding, Section 502 (d), the repackaged Seconal Sodium cap-
sules contained a chemical derivative of barbituric acid, which derivative has
been found to be, and by regulations designated as, habit forming; and the
label 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."
DISPOSITION : September 18, 1952. A plea of guilty having been entered, the
court imposed a fine of $750, plus costs.