4062. Misbranding of pentobarbital sodium capsules.    U. S. v. David Young
(Young's Pharmacy). Plea of guilty. Sentence of 1 year in jail and fine
of $3,000. (F. D. C. No. 33799. Sample Nos. 6155-L, 6162-L, 6177-L,
6203-L, 6209-L.)
INFORMATION FILED : February 5,1953, District of Massachusetts, against David
Young, trading as Young's Pharmacy, Boston, Mass.
ALLEGED VIOLATION: On November 5, 6, 9, 10, and 12, 1951, while a number of
pentobarbital sodium capsules were being held for sale at Young's Pharmacy,
after shipment in interstate commerce, the defendant caused a number of the
capsules to be dispensed without a physician's prescription, which act resulted
in the capsules so dispensed being misbranded.
NATURE OF CHARGE: Misbranding, Section 502 (d), the pentobarbital sodium
capsules contained a chemical derivative of barbituric acid, which derivative
has been found to be, and by regulations designated as, habit forming; and the
capsules which were dispensed 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 capsules which
were dispensed failed to bear adequate directions for use.
DISPOSITION: Following the defendant's motion for a bill of particulars filed
on March 3, 1953, the Government filed a bill of particulars. Thereafter, the
defendant entered a plea of guilty, and on July 14, 1953, the court sentenced
him to serve 1 year in jail and fined him $3,000.