U. S. Department of Health, Education, and Welfare
FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
3901-3920
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district*
courts by the United States attorneys, acting upon reports submitted by the
Department of Health, Education, and Welfare, and include, where indicated, the
results of investigations by the Department, prior to the institution of the pro-
ceedings. Published by direction of the Secretary of Health, Education, and
Welfare.
CHARLES W. CRAWFORD, Commissioner of Food and Drugs.
WASHINGTON, D. C, July 1, 1958.
Page
Drugs actionable because of failure
to bear adequate directions or
warning statements
398
Drugs actionable because of devia-
tion from official or own stand-
ards
404
CONTENTS*
Page
Drugs and devices actionable be-
cause of false and misleading
claims 
408
Index 
413
?For presence of a habit-forming narcotic without warning statement, see No. 3901;
omission of, or unsatisfactory, ingredients statements, Nos. 3901, 3912 ; failure to bear
a label containing an accurate statement of the quantity of the contents, Nos. 3901, 3912;
failure to bear a label containing the came and place of business of the manufacturer,
packer, or distributor, Nos. 3901, 3912.
397
257492-53
FOOD,   DRUG,   AND   COSMETIC   ACT 
[D. D. N. J.
DRUGS  ACTIONABLE  BECAUSE   OF  FAILURE  TO   BEAR  ADEQUATE
f  ?? 
DIRECTIONS OR WARNING STATEMENTS
f-M
3901. Misbranding of sulfadiazine tablets, Nembutal Sodium capsules, Tuinal
capsules, diethylstilbestrol perles, and Dexedrine Sulfate tablets. U. S.
v. Henry R. Namour and John C. Wicks. Pleas of nolo-contendere.
Imposition of sentence suspended and defendants placed on probation
for 1 year. (F. D. C. No. 30025. Sample Nos. 76416-K, 76417-K,
77107-K to 77109-K, incl., 77112-K, 77131-K, 77132-K.)
INFORMATION FILED :    September 11, 1951, Eastern District of Arkansas, against
Henry R. Namour, a partner in the partnership trading as Henry's Drug" Store,
Helena, Ark., and John C. Wicks, pharmacist for the firm.
INTERSTATE SHIPMENT :    From the States of Missouri, Tennessee, Indiana, and
Pennsylvania, into the State of Arkansas, of quantities of sulfadiazine tablets,
Nembutal  Sodium  capsules,  Tuinal  capsules,  diethylstilbestrol   perles,  and
Dexedrine Sulfate tablets.
ALLEGED VIOLATION :    On or about March 7, 8, and 9, 1950, while the drugs were
being held for sale after shipment in interstate commerce, various quantities of
the drugs were repacked and sold without a physician's prescription, which acts
resulted in the repackaged drugs being misbranded.
John C. Wicks was charged with the violations involved in the first 5 counts
of the information, and Henry R. Namour was charged with the violations
involved in the remaining 3 counts.
NATURE OF CHARGE : Misbranding, Sections 502 (b) (1) and (2), the repackaged
drugs bore no labels containing accurate statements of the quantity of the con-
tents and, with the exception of 1 lot of Tuinal capsules and the diethylstil-
bestrol perles, failed to bear labels containing the name and place of business of
the manufacturer, packer, or distributor; and, Section 502 (f) (1), the labeling
of the repackaged drugs bore no directions for use.
Further misbranding, Section 502 (d), the Nembutal Sodium capsules and
the Tuinal capsules contained chemical derivatives of barbituric acid, which
derivatives have 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 derivatives and in juxtaposition therewith the
statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged Dexedrine Sulfate
tablets bore no label containing the common or usual name of the drug; and,
Section 502 (f) (2), the labeling of the repackaged sulfadiazine tablets bore
no 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 : September 18,1951. Pleas of nolo contendere having been entered,
the court suspended the imposition of sentence and placed the defendants on
probation for 1 year.