FOOD AND DRUG ADMINISTRATION
NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD,
DRUG, AND COSMETIC ACT
[Given pursuant to section 705 of the Food, Drug, and Cosmetic Act]
3921-3940
DRUGS AND DEVICES
The cases reported herewith were instituted in the United States district
courts by the United States attorneys, acting upon reports submitted by the
Department of Health, Education, and Welfare. Published by direction of the
Secretary of Health, Education, and "Welfare.
CHARLES W. CBAWFORD, Commissioner of Food and Drugs.
WASHINGTON, D. C,  August 4, 1953.
CONTENTS*
Page
Drugs actionable because of failure
to bear adequate directions or
warning statements 
418
Drugs actionable because of con-
tamination with filth 
424
Drugs actionable because of devia-
tion from official or own stand-
ards 
424
Page
Drugs and devices actionable be-
cause of false and misleading
claims 
425
Drugs for human use 
425
Drugs for veterinary use 
427
Index 
428
?For presence of a habit-forming narcotic without warning statement, see Nos. 3921-3927; omission of, or
unsatisfactory, ingredients statements, Nos. 3921-3929; failure to bear a label containing an accurate state-
ment of the quantity of the contents, Nos. 3921-3929; failure to bear a label containing the name and place
of business of the manufacturer, packer, or distributor, Nos. 3922, 3923, 3925-3929.
262952-53 
417
DRUGS  ACTIONABLE  BECAUSE  OF  FAILURE  TO  BEAR ADEQUATE
DIRECTIONS OR WARNING STATEMENTS
3921. Misbranding of methamphetamine hydrochloride tablets, pentobarbital
sodium capsules, Tricombisul tablets, thyroid tablets, and Amytal Sodium   (
capsules.   U. S. v. Andrew J. Kennedy (Kennedy Drugs), and Paul J.
Argust.   Pleas of guilty.   Fine of $400 against Defendant Kennedy and
$200 against Defendant Argust.    (F. D.  C. No. 33712.    Sample Nos.
? 4 17021-L, 17048-L,17325-L,17563-L,17567-L.)
INFORMATION FILED :   January 13,1953, Southern District of California, against
N?    Andrew J. Kennedy, trading as Kennedy Drugs, Los Angeles, Calif., and Paul
J. Argust, a pharmacist employed by Mr. Kennedy.
t AT.T.BGED VIOLATION : On or about May 4, 7, 9, and 11, 1951, and April 22, 1952,
while a number of methamphetamine hydrochloride tablets, pentobarbital
sodium capsules, Tricombisul tablets, thyroid tablets, and Amytal Sodium
capsules were being held for sale at Kennedy Drugs, after shipment in inter-
state commerce, various quantities of such drugs were repacked and dispensed
without a prescription of a physician, which acts resulted in the repackaged
drugs being misbranded.
Defendant Kennedy was charged with causing the repacking and dispensing
of the pentobarbital sodium capsules, Tricombisul tablets, and Amytal Sodium
capsules; Defendant Argust was charged with causing such acts to be done
with respect to the methamphetamine hydrochloride tablets; and both of the
defendants were charged with causing the repacking and dispensing of the
thyroid tablets.
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), all of the repackaged
drugs failed to bear a label containing an accurate statement 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 (d), the repackaged pentobarbital sodium
capsules and Amytal Sodium capsules contained chemical derivatives of barbi-
turic acid, which derivatives have been found to be, and by regulations desig-
nated as, habit forming; and the labels of such repackaged drugs failed to
bear the name, and quantity or proportion of such derivatives and in juxta-
position therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (1), the repackaged thyroid tablets
failed to bear a label containing the common or usual name of the drug; Sec-
tion 502 (e) (2), the label of the methamphetamine hydrochloride tablets and
the Tricombisul tablets failed to bear the common or usual name of each active
ingredient of such drugs; and, Section 502 (f) (2), the labeling of the re-
packaged methamphetamine hydrochloride tablets and Tricombisul tablets
failed to bear adequate warnings against use in those pathological conditions
where their use may be dangerous to health, and against unsafe dosage and
methods and duration of administration, in such manner and form, as are
necessary for the protection of users.
DISPOSITION : March 2, 1953. Pleas of guilty having been entered by the de-
fendants, the court fined Defendant Kennedy $400 and Defendant Argust $200.