.4380. Adulteration of ether. V. S. v. 794 Cans, et al., of Ether. Consent 
decree of condemnation and forfeiture. Product released under 
bond.     (F.  &  D.   No.   21033.     I.   S.  Nos.   8353-x  to   8356-x,   incl.     S.   No.
E-5723.)
On April 26, 1926, the United States attorney for the Southern District of 
vTew York, 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 
md condemnation of 2,184 cans of ether, remaining unsold in the original 
:ans, at New York, N. Y., alleging that the article had been shipped by Powers- 
iVeightman-Rosengarten Co., from Philadelphia, Pa., in various consignments, 
January 28, March 10 and 15, and April 1, 1926, respectively, and transported 
rom the State of Pennsylvania into the State of New York, and charging
adulteration in violation of the food and drugs act. The article was labeled 
in part: "Quarter Pound" (or "Half Pound") " Ether U. S. P. FOOT 
Anaesthesia." 
-u   *    H    ^   it-
Analysis by the Bureau of Chemistry of this department of a sample of the 
article showed that it failed to comply with the pharmacopceial requirements 
for freedom from peroxide, aldehyde and foreign odor.
Adulteration of the article was alleged in the libel for the reason that it 
was sold under a name recognized in the United States Pharmacopoeia, and 
differed from the standard of quality and purity as determined by the tests 
laid down in the said pharmacopoeia, and for the further reason that its 
purity fell below the professed standard or quality under which it was sold.
On June 22, 1926, the Powers-Weightman-Rosengarten Co., Philadelphia, Pa., 
claimant, having admitted the allegations of the libel and having consented 
to the entry of a decree, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the said claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $450, conditioned in part that it be delivered to the factory of 
the claimant for salvaging, or relabeling for technical purposes.
W. M. JABDINE, Secretary of Agriculture.