14318.    Vdulterntion  and  alleged  misbranding of  ether.     U.   S. v. 20  Cases -
of    Ether.       Consent    decree    of    condemnation    and    forfeiture. i
Product  released under bond.     (F. & D. No. 21088.     I.  S. No. 10555-X. - 
S.  No.  W-1979.)
On May 19, 1926, the United States attorney for the Northern District of 
California, 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 
condemnation of 20 cases, each containing 50 %-pound cans of ether, remaining 
in the original unbroken packages at San Francisco, Calif., alleging that the 
article had been shipped from Chicago, Ill., April 2, 1926, and transported 
from the State of Ill.nois into the State of California, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was. 
labeled in part: (Can) "One-Half Pound Ether Alcohol about 1% For Anes- 
thesia Poison. Supplied By The Upjohn Company * * * Kalamazoo, 
Mich."
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it contained peroxide.
Adulteration of the article was alleged in the libel for the reason that it 
contained peroxide and for the further reason that it was sold under a name 
recognized in the United States Pharmacopoeia and differed from the standard 
prescribed by the sad pharmacopoeia, and in that it fell below the professed 
standard under wh ch it was sold.
Misbranding was alleged for the reason that the statements borne on the label 
" Ether   *    *    *    For Anesthesia " were false and misleading.
On June 17, 1926, the Upjohn Co., San Francisco, Calif., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment was entered, finding the product adulterated and ordering its con- 
demnation and forfeiture, and it was further ordered by the court that the 
said product be released to the claimant upon payment of the costs of the 
proceedings and the execution of a bond in the sum of $350, conditioned in 
part that it be made to conform with the law under the supervision of this 
department.
W. M. JAEDINE, Secretary of Agriculture.