2954. Misbranding of Seconal sodium capsules, nembutal capsules, and Tuinal
capsules. U. S. v. Alvin A. Bredemeyer (Madison Place Pharmacy).
Plea of guilty. Fine, $700. (F. D. O. No. 26720. Sample Nos. 19669-K,
19693-K, 19700-K, 43836-K. 43844-K to 43846-K, incl.)
INFORMATION FILED : August 25, 1949, Southern District of Ohio, against Alvin
A. Bredemeyer, trading as the Madison Place Pharmacy, Cincinnati, Ohio.
INTERSTATE SHIPMENT : On or about May 13, 1947, from North Chicago, 111., to
Cincinnati, Ohio, of a quantity of nembutal capsules, and between the ap-
proximate dates of August 8,1947, and September 29, 1948, from Indianapolis,
Ind., into Cincinnati, Ohio, of quantities of Seconal sodium capsules and Tuinal
capsules.
ALLEGED VIOLATION : On or about October 18 and 19 and November 8, 18, 26, 29,
and 30, 1948, while a number of the capsules were being held for sale after
shipment in interstate commerce, the defendant caused a number of capsules
of the drugs to be removed from the bottles in which they had been shipped
and to be repacked and sold to various persons without a prescription, which
acts of the defendant resulted in the capsules being misbranded. When the
drugs were shipped in interstate commerce, they bore on their labels the pre-
scription legend prescribed by the regulations.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged capsules
bore no labels containing statements of the quantity of the contents. Further
misbranding, Section 502 (d), the repackaged capsules contained chemical
derivatives of barbituric acid, which derivatives had been by the Administrator
of the Federal Security Agency, found to be, and by regulations designated
as habit forming; and the labels of the repackaged capsules failed to bear the
names and quantities or proportions of such derivatives and in juxtaposition
therewith the statement "Warning-May be habit forming." Further mis-
branding, Section 502 (e) (1), the labels of the repackaged Seconal sodium
capsules and nembutal capsules failed to bear the common or usual names of
the drugs, namely, "Seconal sodium" and "pentobarbital sodium"; Section
502 (e) (2), the label of the repackaged Tuinal capsules failed to bear the
common or usual names of each active ingredient, namely, "Seconal sodium"
and "amytal sodium"; and, Section 502 (f) (1), the directions for use, namely,
{Seconal sodium capsules and nembutal capsules) "One (1) capsule at bedtime
as directed" and (Tuinal) "As directed," borne on the labeling of the repack-
aged capsules of drugs, were not adequate directions for use.
DISPOSITION : October 5, 1949. A plea of guilty having been entered, the court
imposed a fine of $700.