3851. Misbranding of pentobarbital sodium capsules and sulfathiazole tablets.
U. S. v. Willard H. Quigley (Edward Drug Store), Frank Coll, and Charles
Kemper. Pleas of nolo contendere. Fine of $1,000, plus costs, against
Defendant Quigley; $500 against Defendant Coll; and $500 against De-
fendant Kemper.   (F. D. C. No. 30591.   Sample Nos. 70184-K, 70193-K.)
INFORMATION FILED: July 31, 1951, District of Nebraska, against Willard H.
Quigley, trading as the Edward Drug Store, Omaha, Nebr., and against Frank
Coll, an employee, and Charles Kemper, a pharmacist, at the store. An
amended information was filed on January 17,1952.
ALLEGED VIOLATION: On or about July 14 and 20, 1950, while a number of
pentobarbital sodium capsules and sulfathiazole tablets were being held for
sale at the Edward Drug Store after shipment in interstate commerce, a quan-
tity of the capsules and tablets were repacked and disposed of without a
prescription issued by a physician in his professional practice, which acts
resulted in the repackaged drugs being misbranded.
Defendants Quigley and Kemper were charged with causing the repacking
and disposal of the pentobarbital sodium capsules, and Defendants Quigley
and Coll were charged with causing the repacking and disposal of the
sulfathiazole tablets.
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; 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 pentobarbital
sodium capsules failed to bear a label containing the name and place of busi-
ness of the manufacturer, packer, or distributor.
Further misbranding, Section 502 (d), the repackaged pentobarbital sodium
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 capsules failed to bear the name, and quantity or proportion of
such derivative and in juxtaposition therewith the statement "Warning-May
be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged sulfathiazole
tablets failed to bear a label containing the common or usual name of the
drug; and Section 502 (f) (2), the repackaged sulfathiazole tablets failed to
bear adequate warnings against use in those pathological conditions where
their use may be dangerous to health, and against unsafe dosage and methods
and duration of administration.
DISPOSITION : Motions for a bill of particulars and for dismissal of the informa-
tion were filed on behalf of the defendants and subsequently were overruled
by the court. Thereafter, the defendants entered pleas of nolo contendere,
and on October 30,1952, the court imposed a fine of $1,000, plus costs, against
Defendant Quigley, a fine of $500 against Defendant Coll, and a fine of $500
against Defendant Kemper.