4006. Misbranding of pentobarbital sodium capsules and dextroamphetamine
sulfate tablets. U. S. v. Eugene Fred Scott (Scott's Decatur Pharmacy).
Plea of nolo contendere. Defendant fined $350 and place on probation
for 2 years. (F. D. C. No. 34309. Sample Nos. 1747-L, 1755-L, 1757-L,
1760-L, 2003-L, 2008-L.)
INFORMATION FILED: April 17, 1953, Northern District of Georgia, against
Eugene Fred Scott, trading as Scott's Decatur Pharmacy, Decatur, Ga.
ALLEGED VIOLATION : On or about December 13 and 24, 1951, and January 7, 8,
and 14, 1952, while a number of pentobarbital sodium capsules and dextro-
amphetamine sulfate tablets were being held for sale at Scott's Decatur
Pharmacy, after shipment in interstate commerce, the defendant caused vari-
ous quantities of the drugs to be repacked and dispensed without a prescrip-
tion, which acts resulted in the repackaged drugs being misbranded.
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), a portion of the repackaged
dextroamphetamine sulfate 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 contained a chemical derivative of barbituric acid, which derivative
has been found to be, and by regulations designated as, habit forming; and
such derivative and in juxtaposition therewith the statement "Warning-May
be habit forming."
DISPOSITION :    May 1, 1953.    The defendant having entered a plea of nolo con-
tendere, the court fined him $350 and placed him on probation for 2 years.