4043. Misbranding of Seconal Sodium capsules.   U. S. v. Louis E. Krouse (Main
Cut Rate), and Daniel Krowitz.   Pleas of not guilty.  Tried to the court
and jury.   Verdict of guilty.   Fine of $1,000 against Defendant Krouse
and $500 against Defendant Krowitz and sentence of 1 year in jail against
each defendant.   Jail sentences suspended and each defendant placed
on probation for 5 years.   (F. D, O. No. 33733.   Sample No. 25704-L.)
INFORMATION FILED:   December 30, 1952, Eastern District of Pennsylvania,
against Louis E. Krouse, trading as Main Cut Rate, Philadelphia, Pa., and
against Daniel Krowitz, also known as David Krouse, an employee of Main
Cut Rate.
ALLEGED VIOLATION :    On or about June 5,1951, while a number of Seconal Sodium
capsules were being held for sale at Main Cut Rate, after shipment in interstate
commerce, the defendants caused one bottle of the capsules to be dispensed in
the original bottle in which the capsules had been shipped in interstate com-
merce, without a prescription of a physician, which act resulted in the capsules
being misbranded.
NATURE OF CHARGE:   Misbranding, Section 502 (f)  (1), the labeling of the cap-
sules bore no directions for use (the bottle in which the capsules were shipped
in interstate commerce bore no directions for use since it was exempt from
such requirement by the label statement "Caution: To be dispensed only by
or on the prescription of a physician."   The act of the defendants in dispensing
the drug without a physician's prescription caused the exemption to expire).
DISPOSITION :   The defendants having entered pleas of not guilty, the case came
on for trial before the court and jury on March 4,1953, and was concluded on
March 6, 1953, with the return of a verdict of guilty by the jury.   Thereafter,
a motion for a new trial, or, in the alternative, for a judgment of acquittal;
was filed on behalf of the defendants, and on June 23, 1953, the motion was
dismissed for failure of the defendants to pursue the matter further.
On July 22, 1953, the court fined Defendant Krouse $1,000 and Defendant
Krowitz $500 and sentenced each defendant to 1 year in jail. The jail sen-
tences were suspended, and each defendant was placed on probation for 5 years.