27168.  Adulteration and Misbranding of ether.    17. S. v. IS Tins of Ether. 
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 24073.    I. S. No. 019828.    S. No. 2290.)
On September 19, 1929, the United States attorney for the Western District 
of Missouri, 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 15 tins of ether, remaining in the original packages at Kansas 
City, Mo., alleging that the article had been shipped by the Ohio Chemical & 
Manufacturing Co., from Cleveland, Ohio, on or about August 24, 1929, and 
transported from the State of Ohio into the State of Missouri, and charging 
Adulteration and misbranding in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that the ether 
contained peroxide.
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 specified by that authority, in that it contained 
peroxide.   Adulteration was alleged for the further reason that the purity of
the article fell below the professed standard under which it was sold, namely, 
(label), " The Exceptional Purity of this Ether * * * The Exclusion of Air 
by Carbon Dioxide Prevents the Oxidation of Ether to   *    *    *   Peroxides."
Misbranding was alleged for the reason that the statements in the label, " The 
Exceptional Purity of this Ether * * * The Exclusion of Air by Carbon 
Dioxide Prevents the Oxidation of Ether to * * * Peroxides," were false 
and misleading.
On March 20, 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.
ABTHTOS M. HYDE, Secretary of Agriculture.