3556. Misbranding  of pentobarbital sodium capsules and Dexedrine Sulfate
tablets. U. S. v. Frierson Drug Store (Frierson Drug Co., Inc.), Fred-
erick J. Felder, and Harley S. Martin. Pleas of guilty. Fines of $100'
against corporation and $50 against each individual. (F. D. C. No.
30036. Sample Nos. 81903-K, 81905-K, 81907-K, 81909-K, 81911-K,
81912-K.)
INFORMATION FILED :   August 8, 1951, Eastern District of South Carolina, against-
the Frierson Drug Store, a corporation, trading as Frierson Drug Co., Inc.,
Charleston, S. C, and Frederick J. Felder, president, and Harley S. Martin,,
secretary-treasr.rer of the corporation.
State of South Carolina, of quantities of pentobarbital sodium capsules and
Dexedrine Sulfate tablets.
ALLEGED VIOLATION : On or about April 5, 14, 26, and 28, 1950, while the drugs
were being held for sale after shipment in interstate commerce, various
quantities of the drugs were repacked and sold without a physician's pre-
scription, which acts resulted in the repackaged drugs being misbranded.
The Frierson Drug Store was charged with causing the acts of repacking
and sale of the drugs involved in each of the six counts of the information;
and, in addition, Frederick J. Felder in each of five counts of the information
and Harley S. Martin in one count of the information were charged with
causing such acts to be done in connection with the drugs involved in those
counts.
NATURE or CHARGE: Misbranding, Sections 502 (b) (1) and (2), the repack-
aged drugs failed to bear labels containing the name and place of business of
the manufacturer, packer, or distributor, and statements of the quantity of
the contents; and, Section 502 (f) (1), the labeling of the repackaged drugs
failed to bear any directions for use.
Further misbranding, Section 502 (d), the pentobarbital sodium capsules
contained a chemical derivative of barbituric acid, which derivative has been
found to be, and by regulations designated as, habit forming; and the re-
packaged capsules bore no label containing the -name, and quantity or pro-
portion of such derivative and in juxtaposition therewith the statement "Warn-
ing-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged Dexedrine Sul-
fate tablets failed to bear a label containing the common or usual name of the
drug.
DISPOSITION: August 8, 1951. Pleas of guilty having been entered, the court
imposed fines-of $100 against the corporation and $50 against each of the
individuals.