17162. Adulteration   and   Misbranding of   etber.    XT.   S.   v.   Thirty-eight
1-Ptound Tins of Etber. Default decree of condemnation, forfei- 
ture, and destruction. (F. & D. No. 24616. I. S. No. 015754. S. No. 
2966.)
On March 14, 1930, the United States attorney for the Eastern District of 
Pennsylvania, 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 thirty-eight 1-pound tins of ether, remaining in the original 
unbroken packages at Philadelphia, Pa., consigned by the J. T. Baker Chemical 
Co., Phillipsburg, N. J., alleging that the article had been shipped from Phillips- 
burg, N. J., on or about February 4, 1930, and transported from the State of 
New Jersey into the State of Pennsylvania, and charging adulteration and mis- 
branding in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that the 
ether contained peroxide, excess acid, and excess nonvolatile matter.
It was alleged in the libel that the article was adulterated in that it was 
sold under a name recognized in the United States Pharmacopoeia, and differed 
from the standard of purity as determined by the tests laid down in said 
pharmacopoeia.
Misbranding was alleged for the reason that the statement on the can label 
"'Ether, Purified U. S. P. X.," was false and misleading when applied to an 
article which fell below the standard of purity as determined by the tests laid 
down in the said pharmacopoeia.
On April 7, 1930, 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.
AETHTJE M. HYDE, Secretary of Agriculture.