4264. Misbranding of phenobarbital tablets, thyroid tablets, anhydrohydroxy-
progesterone tablets, dextroamphetamine sulfate tablets, and tablets
containing a mixture of mannitol hexanitrate and phenobarbital. U. S.
v. Ken Reynolds Pharmacies, Inc., Kenneth R. Reynolds, and Walter J.
Foohy. Pleas of nolo contendere. Fine of $300 against corporation and
$250 against Kenneth R. Reynolds, plus costs. Sentence suspended

against Walter J. Foohy. (F. D. C. No. 33718. Sample Noe. 31208-L,
31209-L, 31211-L, 31329-L, 32503-L, 32504-L.)
INFORMATION FILED : October 4, 1952, Western District of Missouri, against
Ken Reynolds Pharmacies, Inc., Joplin, Mo., Kenneth R. Reynolds, president,
and Walter J. Foohy, a pharmacist for the corporation.
ALLEGED VIOLATION : On or about July 31, October 1 and 31, and November 2,
1951, while a number of phenobarbital tablets, thyroid tablets, anhydrohy-
drowyprog ester one tablets, dextro-amphetamine sulfate tablets, and tablets con-
taining a mixture of mannitol hexanitrate and phenobarbital were being held
for sale at Ken Reynolds Pharmacies, Inc., after shipment in interstate com-
merce, various quantities of the drugs were repacked and dispensed without
a physician's prescription, which acts resulted in the repackaged drugs being
misbranded. The corporation was charged with causing the acts of repacking
and dispensing involved in each of the 6 counts of the information; Kenneth R.
Reynolds was joined as a defendant in 5 of the counts; and Walter J. Foohy
was joined as a defendant in 1 count.
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.
*See also No. 4263; veterinary preparations, Nos. 4279, 4280.
Further misbranding, Section 502 (b) (1), the repackaged drugs other than
the anhydrohydroxyprogesterone tablets failed to bear a label containing the
name and place of business of the manufacturer, packer, or distributor. Sec-
tion 502 (d), the repackaged phenobarbital tablets and tablets containing a
mixture of mannitol hexanitrate and phenobarbital contained a derivative of
barbituric acid, which derivative has been found to be, and by regulations
designated as, habit forming; and such repackaged drugs failed to bear labels
containing the name, and quantity or proportion of such derivative and in
juxtaposition therewith the statement "Warning-May be habit forming."
Section 502 (e) (1), the repackaged thyroid tablets failed to bear a label
containing the common or usual name of the tablets; and, Section 502 (e) (2),
the repackaged dextro-amphetamine sulfate tablets and tablets containing a
mixture of mannitol hexanitrate and phenobarbital failed to bear a label con-
taining the common or usual name of each active ingredient of such- tablets.
DISPOSITION : May 28, 1953. The corporation and Kenneth R. Reynolds having
entered pleas of nolo contendere, the court fined the corporation $300 and
Kenneth R. Reynolds $250, plus costs. On May 17, 1954, Walter J. Foohy
entered a plea of nolo contendere, and, on the same day, the court suspended
the imposition of sentence against this defendant.