3923. Misbranding of pentobarbital sodium capsules, Seconal Sodium capsules,
and sulfadiazine tablets. U. S. v. Gordon A. Wolf (Wolf Drug Store),
and Otto O. Hansen. Pleas of guilty. Fines of $100 against Defendant
Wolf and $50 against Defendant Hansen. (F. D. C. No. 33739. Sample
Nos. 19315-L, 19327-L, 19328-L, 19333-L, 19357-L, 35014-L, 35015-L,
35028-L.)
INFORMATION FILED :    January 21, 1953, Western District of Wisconsin, against
Gordon A. Wolf, trading as the Wolf Drug Store, Thorp, Wis., and Otto O.
Hansen, a pharmacist.
ALLEGED VIOLATION : On or about January 9, March 20, April 19, May 23, June
20, and July 12, 1951, while a number of pentobarbital sodium capsules, Se-
conal Sodium capsules, and sulfadiazine tablets were being held for sale at the
Wolf Drug Store, after shipment in interstate commerce, various quantities
of the drugs were repacked and dispensed without a prescription, which acts
resulted in the repackaged drugs being misbranded.
Gordon A. Wolf was charged as a defendant in each of the 8 counts of the
information, and Otto O. Hansen was joined as a defendant in 6 counts.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear a label containing an accurate statement of the quantity of
the contents; Section 502 (f) (1), the labeling of the repackaged drugs failed
to bear adequate directions for use; and, Section 502 (b) (1), a portion of
the repackaged sulfadiazine tablets failed to bear a label containing the name
and place of business of the manufacturer, packer, or distributor.
Further misbranding, Section 502 (d), the repackaged pentobarbital sodium
capsules and Seconal Sodium, capsules contained chemical derivatives of bar-
bituric acid, which derivatives have been found to be, and by regulations
designated as, habit forming; and the labels of the repackaged capsules failed
to bear the name, and quantity or proportion of each derivative and in juxta-
position therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged sulfadiazine tab-
lets failed to bear a label containing the common or usual name of the tablets ;
and, Section 502 (f) (2), the labeling of the repackaged sulfadiazine 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, in such manner and form, as are
necessary for the protection of users.
DISPOSITION : On January 26, 1953, Defendant Wolf having entered a plea of
guilty, the court fined him $100. On March 12, 1953, following a plea of
guilty by Defendant Hansen, the court fined him $50.