2912. Misbranding of nembutal capsules. U. S. v. Katz Drug Co. Plea of nolo
contendere. Fine, $375. (F. D. C. No. 25609. Sample Nos. 68535-H to
68539-H, incl., 21167-K, 21168-K, 21175-K, 21176-K, 21182-K, 21184-K,
21185-K.)
INFORMATION FILED : June 28, 1949, Western District of Missouri, against the
Katz Drug Co., a corporation, Kansas City, Mo.
INTERSTATE SHIPMENT: Between the approximate dates of September 15 and
October 22, 1947, from North Chicago, 111., of quantities of nembutal capsules.
LABEL, WHEN SHIPPED: "Capsules Nembutal Pentobarbital Sodium * * *
1? grs. * * * Caution: To be dispensed only by or on the prescription
of a physician or dentist."
ALLEGED VIOLATION : Between February 11 and March 26, 1948, while the drug
was being held for sale after shipment in interstate commerce, the defendant
caused a number of capsules of the drug to be repacked into bottles and to be
sold to various persons without a prescription, which acts of the defendant
resulted in the capsules being misbranded. The repackaged capsules were
labeled "Katz Drug Co * * * Kansas City, Missouri No. 317745 Dr. Mc-
Cracken  One at bed time for sleep if needed."
NATURE OF CHARGE: Misbranding, Section 502 (b) (2), the repackaged drug
failed to bear a label containing an accurate statement of the quantity of the
contents; Section 502 (e) (1), the label failed to bear the common or usual
name of the drug, "pentobarbital sodium"; Section 502 (d), the repackaged
drug was for use by man and contained a chemical derivative of barbituric
acid, which derivative had been found, by the Administrator of the Federal
Security Agency, after investigation, to be and by regulations designated as
habit forming, and the label 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"; and, Section 502 (f) (1), the labeling of the
repackaged drug failed to bear adequate directions for use since the direc-
tions for use on the labeling "One at bed time for sleep if needed" were not
adequate directions.
DISPOSITION : November 7,1949. A plea of nolo contendere having been entered,
the court imposed a fine of $375.