3169. Misbranding of apiol and ergot compound capsules. U. S. v. Davis Drug
Co. and Wilford S. Nelson. Pleas of nolo contendere. Each defendant
fined $100, plus costs, and placed on probation for 1 year.    (F. D. C. No.
28134.    Sample No. 55457-K.)
INFORMATION FILED: April 25, 1950, District of Nebraska, against the Davis
Drug Co., a partnership, North Platte, Nebr., and Wilford S. Nelson, a pharma-
cist for the partnership.
INTERSTATE SHIPMENT : On or about January 25,1949, from the State of Indiana
into the State of Nebraska.
ALLEGED VIOLATION : On or about June 16, 1949, while the capsules were being
held for sale after shipment in interstate commerce, the defendants caused a
number of the capsules to be removed from the bottle in which they had been
shipped and to be repacked and sold without a prescription, which acts of
the defendants resulted in the repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
capsules failed to bear labels containing the name and place of business of
the manufacturer, packer, or distributor, and a statement of the quantity
of the contents.
Further misbranding, Section 502 (e) (2), the article was not designated
Solely by a name recognized in an official compendium and was fabricated
from two or more ingredients; the label of the repackaged capsules failed to
bear the common and usual name of each active ingredient since the capsules
contained, in addition to apiol and ergot, the active ingredients, oil of tansy
and aloin; and the label of the repackaged capsules failed to bear the
common and usual names of the last-named active ingredients.
Further misbranding, Section 502 (f) (1), the repackaged capsules borejnb
labeling containing directions for use.
DISPOSITION: June 27, 1950. Pleas of nolo contendere having been entered,
each defendant was fined $100, plus costs, and placed on probation for 1 year.