4007. Misbranding of pentobarbital sodium capsules and methamphetamine
hydrochloride tablets. U. S. v. Thomas H. Nelson and Leonard G. Schatz.
Pleas  of  guilty.   Fine  of  $200,  plus  costs,  against  each  defendant.
(F. D. C. No. 32709.    Sample Nos. 546-L, 547-L.)
INFORMATION FILED: April 15, 1952, Southern District of Indiana, against
Thomas H. Nelson and Leonard G. Schatz, partners in the partnership of
Uptown Drugs, Indianapolis, Ind.
ALLEGED VIOLATION : On or about July 30, 1951, while a number of pentobarbital
sodium capsules and methamphetamine hydrochloride tablets were being held
for sale at the Uptown Drilgs, after shipment in interstate commerce, De-
fendant Nelson caused a number of the pentobarbital sodium capsules and
Defendant Schatz caused a. number of the methamphetamine hydrochloride
tablets to be repacked and dispensed without a physician's prescription, which
acts resulted in the repackaged drugs being misbranded.
NATURE OF CHAKGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing an accurate statement of the quantity of the
contents; Section 502 (f) (1), the repackaged drugs failed to bear labeling
containing adeqaute directions for use; and Section 502 (b) (1), the re-
packaged methamphetamine hydrochloride tablets failed to bear a label con-
taining 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
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 (f) (2), the repackaged methamphetamine
hydrochloride 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 : January 16, 1953. Pleas of guilty having been entered, the court
fined each defendant $200, plus costs.