14540. Adulteration and misbranding of ether. V. S. v. 194 Cans and 94 
Cans of Ether. Decree of condemnation and forfeiture. Prod- 
uct released under bond. (P. & D. No. 21035. I. S. Nos. 5522-x, 
5523-x.    S. No. E-5752.)
On April 27, 1926, the United States attorney for the District of Massa- 
chusetts, 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 288 cans of ether, remaining in the original unbroken pack- 
ages at Boston, Mass., alleging that the article had been shipped by E. R. 
Squibb & Sons, from New York, N. Y., and transported from the State of New 
Tork into the State of Massachusetts, and charging adulteration and misbrand- 
ing in violation of the food and drugs act.
Analysis by the Bureau of Chemistry of this department of a sample of the 
irticle showed that it contained peroxide and aldehyde.
Adulteration of the article was alleged in the libel for the reason that it 
tvas sold under a name recognized in the United States Pharmacopoeia and 
liffered from the standard prescribed by the said pharmacopoeia, and its own 
standard was not stated upon the label, and in that it fell below the professed 
standard under which it was sold.
Misbranding was alleged for the reason that the statements borne on the 
abel, " Ether * * * For Anesthesia " and " It is superior in vital respects 
:o the ether of the U. S. P.," were false and misleading.
On June 30. 1926, E. R. Squibb & Sons, New York, N. Y., having appeared as 
laimant for the property, judgment of condemnation and forfeiture was entered, 
md it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of
a bond in the sum of $100, in conformity with section 10 of the act, and it 
was further ordered by the court that the said product be relabeled under 
the supervision of this department.
W. M. JARDINE, Secretary of Agriculture.