4024. Misbranding of dextro-amphetamine sulfate tablets, amphetamine sulfate
tablets, and capsules containing a mixture of Seconal Sodium and
Amytal Sodium. U. S. v. Marshall W. Walton (Walton's Drug Store).
Plea of guilty. Fine, $150. (F. D. 0. No. 34349. Sample Nos. 31019-L,
34330-L, 34373-L, 34483-L, 34484-L, 34488-L.)
INFORMATION FILED : February 21, 1953, Western District of Missouri, against
Marshall W. Walton, trading as Walton's Drug Store, Springfield, Mo.
ALLEGED VIOLATION : On or about March 17,18, and 27,1952, while a number of
dextro-amphetamine sulfate tablets, amphetamine sulfate tablets, and cap-
sules containing a mixture of Seconal Sodium and Amytal Sodium were being
held for sale at Walton's Drug Store, after shipment in interstate commerce,
the defendant caused various quantities of the drugs to be repacked and dis-
pensed without a physician's prescription, which acts resulted in the repack-
aged 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 quan-
tity 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 capsules containing a
mixture of Seconal Sodium and Amytal Sodium contained chemical derivatives
of barbituric acid, which derivatives have been found to be, and by regulations
designated as, habit forming; and the repackaged capsules failed to bear a
label containing the name, and quantity or proportion of such derivatives and
in juxtaposition therewith the statement "Warning-May be habit forming."
Further misbranding, Section 502 (e) (2), the repackaged dextro-ampheta-
mine sulfate tablets and amphetamine sulfate tablets failed to bear labels
containing the common or usual name of each active ingredient of the drugs.
DISPOSITION : March 4,1953. The defendant having entered a plea of guilty, the
court fined him $150.