14287. Adulteration  and misbranding of spirit nitrous  etner.     U.  S. v. 3%
Gallons of Spirit Nitrous Ether. Default decree of condemnation, 
forfeiture, and destruction. (F. & D. No. 20971. I. S. No. 10245-x. S. 
No. C-5046.)
On March 26, 1926, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying seizure and con- 
demnation of 3% gallons of spirit nitrous ether, at Lima, Ohio, alleging that 
the article had been shipped by the Felborn Pharmacal Co., Inc., Brooklyn, 
N. Y., on or about January 12, 1926, and transported from the State of New
York into the State of Ohio, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: (Can) 
" Spirit Nitrous Ether U. S. P. Sweet Spirit of Nitre * * * .Contains Be- 
tween 3.5 and 4.5 % of Ethyl Nitrite * * * Felborn Pharmacal Co., Inc., 
Brooklyn, N. Y."
Adulteration of the article was alleged in substance in the libel for the 
reason that it was offered for sale under the distinctive name of an article 
recognized in the United States Pharmacopoeia, and differed from the standard 
of strength, quality, and purity as determined by tests laid down in said phar- 
macopoeia, and in that its strength and purity fell below the professed stand- 
ard or quality under which it was sold, to wit, " Spirit Nitrous Ether U. S.' P. 
Sweet Spirit of Nitre Contains Between 3.5 and 4.5 % of Ethyl Nitrite," since 
the said product contained not more than 2.4 per cent of ethyl nitrite, and 
an added ingredient, to wit, acetone, 3.9 per cent by volume, rt was further 
alleged in the libel that the article was adulterated in violation of section 7, 
paragraph 1 under drugs, of said act, in that it contained 3.9 per cent by 
volume of acetone.
Misbranding was alleged for the reason that the statement "Contains Be- 
tween 3.5 and 4.5 % of Ethyl Nitrite," borne on the label, was false and mis- 
leading and deceived and misled the purchaser.
On April 24, 1926, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.