3850. Misbranding of pentobarbital sodium capsules and Seconal Sodium cap
sules.  U. S. v. Harry W. Anderson, Willie P. Norvell, and John P. Asbill.
Pleas of nolo contendere.  Each defendant placed on probation for 2 years
and fined $50.   (F. D. 0. No. 32696.   Sample Nos. 1325-L, 1331-L, 1333-L,
1335-L, 1336-L, 1423-L, 1514-L, 1517-L, 1841-L.)
INFORMATION FILED :   June 20,1952, Southern District of Georgia, against Harry
W. Anderson and Willie P. Norvell, pharmacists and partners in the partner-
ship of the Lake View Pharmacy, Augusta, Ga., and John P. Asbill, a pharma-
cist employed by the partnership.
ALLEGED VIOLATION : On or about May 7,15, 16, 21, 28, and 30, and June 4,1951,
while a number of pentobarbital sodium capsules and Seconal Sodium cap-
sules were being held for sale at the Lake View Pharmacy after shipment
in interstate commerce, various quantities of the drugs were repacked and
dispensed without a physician's prescription, which acts resulted in the re-
packaged drugs being misbranded.
Harry W. Anderson was charged with causing the dispensing of the drugs
involved in three counts of the information, Willie P. Norvell with causing
the dispensing of the drugs involved in four counts of the information, and
John P. Asbill with causing the dispensing of the drug involved in the re-
maining two counts of the information.
NATURE OF CHARGE:   Misbranding, Section 502 (b)  (2), the repackaged drugs
 failed to bear labels containing an accurate statement of the quantity of the
.contents.
Further misbranding, Section 502 (d), the drugs contained chemical deriva-
tives of barbituric acid, which derivatives have been found to be, and by
regulations designated as, habit forming; and when repackaged their labels
failed to bear the name, and quantity or proportion of each derivative and in
juxtaposition therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of the repackaged
drugs failed to bear adequate directions for use.
DISPOSITION : December 1,1952. Pleas of nolo contendere having been entered,
the court placed each defendant on probation for 2 years and fined each $50.