3402. Misbranding of Tuinal capsules and phenobarbital tablets.  U. S. v. Brad
ley's Drug Store, Inc.   Plea of guilty.   Fine, $800   (F. D. C. No. 29461.
Sample Nos. 2354-K to 2358-K, inch, 3005-K to 3008-K, incl.)
INFORMATION FILED : October 30, 1950, Western District of Virginia, against
Bradley's Drug Store, Inc., Bristol, Va.
INTERSTATE SHIPMENT: From the States of Indiana and Maryland into the
State of Virginia, of quantities of Tuinal capsules and phenobarbital tablets.
ALLEGED VIOLATION: On or about August 9, 10, 12, 13, 15, 16, 19, 20, and 22,
1949, 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 prescription, which acts of the defendant resulted in the
repackaged drugs being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
bore no label containing a statement of the quantity of the contents.
Further misbranding, Section 502 (d), the drugs contained derivatives of
barbituric acid, which derivatives had been found to be, and by regulations^
designated as, habit forming; and the repackaged drugs failed to bear labels
containing the names, and quantity or proportion of such derivatives and in
juxtaposition therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (f) (1), the labeling of the repackaged
drugs failed to bear adequate directions for use in that the directions, namely,
"One capsule at bedtime as needed for rest" and "Tabs one at becltjme if needed
for rest," borne on the labeling of the repackaged" drugs, were not adequate
directions for use.
DISPOSITION : April 11, 1951. A plea of guilty having been entered, the court
imposed a fine of $800 against the defendant.