3849. Alleged misbranding of Seconal Sodium capsules and pentobarbital sodium
capsules. U. S. v. Forest C. Pomeroy (Pomeroy's Drug Store). Plea of
not guilty. Motion granted for dismissal of the information and defend-
ant discharged as not guilty. (F. D. C. No. 31273. Sample Nos; 93083-K,
93088-K, 93092-K, 93098-K, 93202-K, 93209-K, 93214-K, 93230-K,
93233-K, 93236-K.)
INFORMATION FILED: January 8, 1952, Southern District of Florida, against
Forest C. Pomeroy, trading as Pomeroy's Drug Store, St. Petersburg, Fla.
ALLEGED VIOLATION : Between the approximate dates of October 24 and Decem-
ber 18, 1950, while a number of Seconal Sodium capsules and pentobarbital
sodium capsules, were being held for sale at Pomeroy's Drug Store after
shipment in interstate commerce, the defendant caused various quantities
of such drugs to be repacked and dispensed 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
failed to bear labels containing an accurate statement of the quantity of the
contents.
Further misbranding, Section 502 (d), the repackaged drugs contained
chemical derivatives of barbituric acid, which derivatives have been found
to be, and by regulations designated as, habit forming; and the labels of the
repackaged drugs failed to bear the name, and quantity or proportion of each
derivative 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.
DISPOSITION : On February 12, 1952, a plea of not guilty was entered on behalf
of the defendant, and on or about February 18, 1952, a motion for dismissal
of the information was filed on behalf of the defendant. On August 1, 1952,
the court entered an order granting the motion to dismiss and discharging
the defendant as not guilty, based upon the same reasons as set forth in the
notice of judgment, No. 3848.