3866. Misbranding of Nembutal capsules and Benzedrine Sulfate tablets. U. S.
v. Lew Wallace (Wallace Rexall Drugs), John W. Gordon, Jr., and George
M. Smith. Pleas of nolo contendere. Fine of $50 against each defendant.
(F. D. C. No. 28136. Sample Nos. 53420-K, 53885-K, 53890-K, 53898-K,
53900-K, 53913-K, 53968-K, 53969-K, 54126-K.)
INFORMATION FILED: September 14, 1950, Southern District of Mississippi,
against Lew Wallace, a partner in the firm of Wallace Rexall Drugs, Laurel,
Miss., and against John W. Gordon, Jr., and George M. Smith, pharmacists in
the business.
1949, while a number of Nembutal capsules and Benzedrine Sulfate tablets
were being held for sale at "Wallace Rexall Drugs after shipment in interstate
commerce, various quantities of the drugs were repacked and sold without a
prescription, which acts resulted in the repackaged drugs being misbranded.
Lew Wallace was charged with making 1 sale of Benzedrine Sulfate tablets;
George M. Smith was charged with 2 sales of Nembutal capsules and 1 sale
of Benzedrine Sulfate tablets; and John W. Gordon, Jr., was charged with
4 sales of Nembutal capsules and 1 sale of Benzedrine Sulfate tablets.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drugs
failed to bear labels containing accurate statements of the quantity of the
contents; and, Section 502 (f) (1), the labeling of the repackaged drugs
failed to bear adequate directions for use.
Further misbranding, Section 502 (b) (1), the repackaged Benzedrine
Sulfate tablets failed to bear a label containing the name and place of business
of the manufacturer, packer, or distributor.
Further misbranding, Section 502 (d), the repackaged Nembutal capsules
contained 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 capsules failed to bear the name, and quantity or proportion of
such derivative and in juxtaposition therewith the statement "Warning-May
be habit forming."
DISPOSITION: On October 17, 1951, upon the basis of pleas of nolo contendere
entered by John W. Gordon, Jr., and George M. Smith, the court imposed a
fine of $50 against each defendant.
On October 31, 1952, following a plea of nolo contendere by Lew Wallace,
the court imposed a fine of $50 against this defendant.