3708. Misbranding of pentobarbital sodium capsules.   U. S. v. Maurice Booke
(Del-Mor Pharmacy).   Plea of guilty.   Fine, $1,000.    (F. D. C. No. 31259.
Sample No. 88896-K).
INFORMATION FILED : December 3, 1951, Western District of New York, against
Maurice Booke, trading as Del-Mor Pharmacy, Buffalo, N. Y.
INTERSTATE SHIPMENT : Between the approximate dates of July 31 and October
4, 1950, from the State of Illinois into the State of New York, of a quantity
of pentobarbital sodium capsules.
ALLEGED VIOLATION : On December 4, 1950, while the drug was being held for
sale after shipment in interstate commerce, the defendant caused a quantity
of the drug to be repacked and sold without a physician's prescription, which
acts resulted in the repackaged drug being misbranded.
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.
Further misbranding, Section 502 (d), the drug contained a chemical deriva-
tive of barbituric acid, which derivative has been found to be, and by regula-
tions designated as, habit forming; and the repackaged capsules failed to
bear a label containing the name, and quantity or proportion of such derivative
and in juxtaposition therewith the statement "Warning-May be habit
forming."
Further misbranding, Section 502 (f) (1), the labeling of the repackaged
drug failed to bear adequate directions for use.
DISPOSITION: December 18, 1951. A plea of guilty having been entered, the
court fined the defendant $1,000.