4748. (F. D. C. No. 34362.    S. No. 878 L.)
INFORMATION FILED : 3-24-53, S. Dist. Fla., against Henry Gilman and Rudolph
R. Seher, partners in the partnership of Park Pharmacy, Miami, Fla., and
Meyer Colten, a pharmacist.
CHARGE: On 11-7-51, while held for sale, Seconal Sodium capsules were dis-
pensed once without a prescription. Such act of dispensing resulted in the drug
being misbranded as follows: 502 (b) (2)-the drug failed to bear a label
containing an accurate statement of the quantity of contents; 502 (d)-the
drug contained a chemical derivative of barbituric acid, and the label of the
drug failed to bear the name and quantity or proportion of such derivative and
in juxtaposition therewith the statement "Warning-May be habit forming" ;
and 502 (f) (1)-the labeling of the drug failed to bear adequate directions
for use.
DISPOSITION : The defendants filed a motion to dismiss the information, and on
4-17-53, the motion was denied. Thereafter, the defendants entered pleas of
nolo contendere, and on 1-6-56, Gilman and Scher were each fined $100 and
Colten $50.