4111. Misbranding of dextroamphetamine sulfate tablets and Seconal Sodium
capsules. U. S. v. College Avenue Pharmacy and J. Homer Thompson
and Hoyt A. Thompson. Pleas of nolo contendere. Fine of $150 against
each defendant. Individual defendants also placed on probation for 2
years. (F. D. C. No. 34310. Sample Nos. 757-L, 1741-L, 1746-L, 1754-L,
1758-L, 1759-L, 2002-L.)
INFORMATION FILED : March 27,1953, Northern District of Georgia, against the
College Avenue Pharmacy, a partnership, Decatur, Ga., and J. Homer Thompson
and Hoyt A. Thompson, partners in the partnership.
ALLEGED VIOLATION : On or about November 18 and December 9,13, and 24,1951,
and January 7, 8, and 14,1952; while a number of dextroamphetamine sulfate
. tablets and Seconal Sodium capsules were being held for sale at the College
Avenue Pharmacy, after shipment in interstate commerce, the defendants
caused various quantities of the drugs to be repacked and dispensed without
a prescription, which acts resulted in the repackaged drugs being misbranded.
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; and, Section 502 (f) (1), the labeling of the repackaged drugs failed
to bear adequate directions, for use.
-Further misbranding, Section 502 (d), the repackaged Seconal Bodmm cap-
sules contained a chemical derivative of-barbituric acid, which derivative has
?been found to be, and hy regulations designated as, habit farming; and the
label of the repackaged capsules failed to bear the Jiame, and quantity or
proportion of such derivative and in juxtaposition therewith the statement
'Warning-May be habit forming."
DISPOSITION : April 17, 1953. Pleas of nolo contendere having been entered by
the defendants, the court fined each defendant $150. In addition, the court
placed each individual defendant on probation for 2 years.