3665. Misbranding of amphetamine sulfate tablets and Seconal Sodium cap
sules. U. S. v. Enos A. Hilterbrand (Live Oak Pharmacy). Plea of
guilty. Sentence of 2 years in prison. (F. D. C. No. 31258. Sample
Nos. 20962-L, 20963-L.)
INFORMATION FILED: September 17, 1951, Northern District of Texas, against
Enos A. Hilterbrand, trading as Live Oak Pharmacy, Dallas, Tex.
INTERSTATE SHIPMENT: From the States of New Jersey and Indiana into the
State of Texas, of quantities of amphetamine sulfate tablets and Seconal
Sodium capsules.
ALLEGED VIOLATION : On or about May 30, 1951, while the drugs were being held
for sale at the Live Oak Pharmacy after shipment in interestate commerce,
various quantities of the drugs were repacked 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 failed to bear labels containing the name and place of business of the
manufacturer, packer, or distributor, and an accurate statement of the
quantity of the contents.
Further misbranding, Section 502 (d), the Seconal Sodium capsules con-
tained a chemical derivative of barbituric acid, which derivative has been
found to be, and by regulations designated as, habit forming; and the label
of the repackaged capsules failed to bear the name, and quantity or propor-
tion of such derivative and in juxtaposition therewith the statement "Warn-
ing-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged amphetamine
sulfate tablets and the Seconal Sodium capsules failed to bear labels contain-
ing the common or usual name of the drugs; and, Section 502 (f) (1), the
repackaged amphetamine sulfate tablets and the Seconal Sodium capsules
failed to bear labeling containing adequate directions for use.
DISPOSITION: November 29, 1951: A plea of guilty having been entered, the
court sentenced the defendant to 2 years in prison.
DRUGS ACTIONABLE BECAUSE OF CONTAMINATION WITH FILTH