guilty. Fine of $1,000 and probation for 5 years. (F. D. C. No. 31293.
Sample No. 13165-L.)
INFORMATION FILED:   December 5, 1951, District of Colorado, against Azriel
Stein, Denver, Colo.
INTERSTATE SHIPMENT :    Prior to April 16, 1951, from the State of Indiana into
the State of Colorado, of a quantity of Seconal Sodium capsules.
ALLEGED VIOLATION :    On or about April 16, 1951, while the capsules were being
-   held for sale at the Pencol Drug Store, Denver, Colo., after shipment in inter-
state commerce, the defendant, a pharmacist and manager of the drug store,
caused a number of the capsules to be repacked and sold without a physician's
prescription, which acts resulted in the repackaged capsules being misbranded.
NATURE OF CHARGE : Misbranding, Section 502 (b) (2), the repackaged capsules
failed to bear a label containing an accurate statement of the quantity of
the contents.
Further misbranding, Section 502 (d), the article contained a chemical
derivative of baxbituric acid, which derivative has 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 (f) (1), the labeling of the repackaged
drug failed to bear adequate directions for use.
DISPOSITION : October 8,1952. A plea of guilty having been entered, the court
imposed a fine of $1,000 against the defendant and placed him on probation
for a period of 5 years.