3843. Misbranding of Seconal Sodium capsules.   U. S. v. Glenn S. Shipp (The
Chemist Shop). Plea of nolo contendere. Defendant sentenced to pay
costs and to serve 60 days in jail. Sentence of imprisonment suspended
and defendant placed on probation for 60 days.    (F. D. 0. No. 33731.
Sample Nos. 16231-L to 16236-L, incl.)
INFORMATION FILED:    December 16, 1952, District of Kansas, against Glenn S.
?    Shipp, trading as The Chemist Shop, Independence, Kans.
ALLEGED VIOLATION : On or about December 5, 6, 13, 18, and 19, 1951, while a
number of Seconal Sodium capsules were being held for sale at the Chemist
Shop after shipment in interstate commerce, the defendant caused various
quantities of the capsules to be repacked and dispensed 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 repackaged capsules 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 repack-
aged capsules failed to bear the name, and quantity or proportion of such de-
rivative and in juxtaposition therewith the statement "Warning-May be habit
forming."
Further misbranding, Section 502 (f) (1), the labeling of the repackaged
capsules failed to bear adequate directions for use.
DISPOSITION : January 20,1953. A plea of nolo contendere having been entered,
the court sentenced the defendant to pay the costs of the action and to serve 60
days in jail. The jail sentence was suspended, and the defendant was placed on
probation for 60 days.