860. Adulteration and misbranding of phenobarbital tablets.   U. S. v. The Physi
cians' Chemical and Drug Co. and Melvin L. Berger. Plea of not guilty by
the corporation. Verdict of guilty. Fine, $500. Case against Melvin L.
Berger dismissed.    (F. D. C. No. 7233.    Sample No. 72204-E.)
On or about October 15, 1942, the United States attorney for the Northern
District of Illinois filed an information against the Physicians' Chemical and
Drug Co., Chicago, 111., and Melvin L. Berger, alleging shipment on or about
October 8,1941, from the State of Illinois into the State of California of a quantity
of phenobarbital tablets. The tablets were labeled in part: "Phenobarbital ?,"
and "Phenobarbital-Gr. ?."
The article was alleged to be misbranded in that the label statements repre-
sented and suggested that each tablet contained not more than y2 grain of
phenobarbital, whereas each tablet contained not less than 0.58 grain of
phenobarbital.
It was also alleged to be adulterated in that it purported to be and was repre-
sented as a drug, the name of which is recognized in the National Formulary,
its strength differed from the standard set forth in that compendium, and its
difference in strength was not plainly stated on the label. The National
Formulary provides that "Tablets of Phenobarbital contain not more than 107.5
percent of the labeled amount of phenobarbital for tablets of more than 0.07
6m.,-and not more than 109 percent for tablets of 0.07 Gm. or less, including all
tolerances." In this case each tablet contained not less than 116 percent of the
labeled amount of phenobarbital.
?See also Nos. 852. 854-856.
The corporation was found guilty, and the court imposed a fine of $500. On
motion of the defendants the action against the individual defendant was dis-
missed by the court.