3365. Misbranding of Seconal Sodium capsules and Benzedrine Sulfate tablets.
U. S. v. Ernest A. Boynes (Boynes Pharmacy). Plea of guilty. Fine,
$200.    (F. D. C. No. 29465.    Sample Nos. 60241-K to 60245-K, incl.)
INFORMATION FILED : November 3, 1950, Eastern District of Michigan, against
Ernest A. Boynes, trading as Boynes Pharmacy, Detroit, Mich.
INTERSTATE SHIPMENT : From the States of Indiana and Pennsylvania into the
State of Michigan, of quantities of Seconal Sodium capsules and Benzedrine
Sulfate tablets.
ALLEGED VIOLATION : On or about January 19, 23, and 25, 1950, while the drugs
were being held for sale after shipment in interstate commerce, the defendant
caused quantities of the drugs to be repackaged and sold without a prescription,
which acts resulted in the repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repackaged
drugs bore no labels containing the name and place of business of the manu-
facturer, packer, or distributor, and a statement of the quantity of the con-
tents; 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 chemical derivative of barbituric acid, which derivative, the Federal
Security Administrator, after investigation, has found to be, and by regulations
designated as, habit forming; and the label of the repackaged Seconal Sodium
capsules failed to bear the name, and the quantity or proportion of such
derivative and in juxtaposition therewith the statement "Warning-May be
habit forming."
Further misbranding, Section 502 (e) (1), the repackaged Benzedrine Sul-
fate tablets bore no label containing the common or usual name of the drug.
DISPOSITION : January 15, 1951. A plea of guilty having been entered, the
court imposed a fine of $200 against the defendant.