3324. Misbranding of Dexedrine Sulfate tablets and Seconal Sodium capsules.
U. S. v. Asher Smith (Asher Smith Pharmacy).   Plea of nolo contendere.
Fine, $200.    (F. D. C. No. 29467.    Sample Nos. 60222-K, 60223-K.)
INFORMATION FILED:   November 3, 1950, Eastern District of Michigan, against
Asher Smith, trading as the Asher Smith Pharmacy, Detroit, Mich.
State of Michigan, of quantities of Dexedrine Sulfate tablets and Seconal
Sodium capsules.
ALLEGED VIOLATION : On or about January 20 and 23,-1950, while the drugs were
being held for sale after shipment in interstate commerce, the defendant
caused various quantities of the drugs to be repacked and sold without a
physician's prescription, which acts resulted in the repackaged drugs being
misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
bore no labels containing statements of the quantity of the contents; and,
Section 502 (f) (1), the labeling of the repackaged drugs bore no directions
for use.
Further misbranding, Section 502 (d), the Seconal Sodium capsules con-
tained a derivative of barbituric acid, which derivative the Federal Security
Administrator, after investigation, has found to be, and by regulations desig-
nated as, habit forming; and the label of the repackaged Seconal Sodium
capsules failed to bear the name, and quantity or proportion of such deriva-
tive and in juxtaposition therewith the statement "Warning-May be habit
forming."
Further misbranding, Section 502 (e) (1), the repackaged Dexedrine Sul-
fate tables bore no label containing the common or usual name of the drug.
DISPOSITION : January 11, 1951. A plea of nolo contendere having been en-
tered, the court imposed a fine of $200.