3926. Misbranding of methyltestosterone tablets, phenobarbital tablets, dextro
amphetamine sulfate tablets, and Seconal Sodium capsules. U. S. v.
Roy T. Walker (Walker Drug Store). Plea of nolo contendere. Fine of
$500. (F. D. C. No. 33707. Sample Nos. 15432-L, 15434-L, 15436-L,
15438-L, 15442-L.)
INFORMATION FILED: November 7, 1952, Northern District of Oklahoma, against
Eoy T. Walker, trading as the Walker Drug Store, Miami, Okla.
ALLEGED VIOLATION: On or about October 8, and 27, 1951, while a number of
methyltestosterone tablets, phenobarbital tablets, dextro-amphetamine sulfate
tablets, and Seconal Sodium capsules were being held for sale at the Walker
Drug Store, after shipment in interstate commerce, the defendant caused
various quantities of the drugs to be repacked and dispensed without a
physician's prescription, which acts resulted in the repackaged drugs being
misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (1), all of the repackaged
drugs, with the exception of a portion of the phenobarbital tablets, failed to
bear labels containing the name and place of business of the manufacturer,
packer, or distributor; Section 502 (b) (2), all of the repackaged drugs failed
to bear an accurate statement of the quantity of the contents; and, Section 502
(f) (1), the labeling of all of the repackaged drugs failed to bear adequate
directions for use.
Further misbranding, Section 502 (d), the phenobarbital tablets and Seconal
Sodium capsules contained chemical derivatives of barbituric acid, which de-
rivatives have been found to be, and by regulations designated as, habit form-
ing ; and such repackaged drugs failed to bear labels containing the name, and
quantity or proportion of each such derivative and in juxtaposition therewith
the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (2), the methyltestosterone tablets and
dextro-amphetamme sulfate tablets were fabricated from two or more ingredi-
ents, and they failed to bear labels containing the common or usual name of
each active ingredient.
DISPOSITION : January 23,1953. A plea of nolo contendere having been entered
by the defendant, the court imposed a fine of $500.