17609. Adulteration and Misbranding of ether. TJ. S. v. 7 Cans, et al., of 
Ether. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. Nos. 24652, 24653, 24654. I. S. Nos. 
017291, 017293, 029458.    S. Nos. 2998, 2999, 3000.)
Samples of ether from the herein described interstate shipments having been 
found to contain peroxide, indicating deterioration, the Secretary of Agricul- 
ture reported the facts to the United States attorney for the District of 
Maryland.
On March 26, 1930, the said United States attorney filed in the District Court 
of the United States aforesaid libels praying seizure and condemnation of 
thirty 1-pound tins of ether, remaining in the original unbroken packages in 
various lots at Baltimore, Md., alleging that the article had been shipped 
hy Merck & Co. (Inc.), from Philadelphia, Pa., in various consignments on or 
about February 10, February 15, and February 25, 1930, respectively, and had 
heen transported from the State of Pennsylvania into the State of Maryland, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: " Ether For Anesthesia U. S. P. * * * 
Merck & Co., Inc. Manufacturing Chemists, New York."
Analysis of a sample of the article by this department showed that the ether 
contained peroxide.
It was alleged in the libels 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 quality and purity as determined by the tests laid down 
in said pharmacopoeia, and in that its purity fell below the professed standard 
or quality under which it was sold.
Misbranding was alleged for the reason that a statement on the label, " Ethei* 
for Anesthesia U. S. P.," was false and misleading.
On August 11, 1930, the cases having been consolidated into one cause of 
action and Merck & Co. (Inc.), Rah way, N. J., claimant, having admitted the 
allegations of the libels and 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 claimant upon payment of costs and 
the execution of a good and sufficient bond, conditioned in part that it be 
relabeled in a manner indicating that it was not to be used or sold for medici- 
nal purposes.
ARTHTJR M. HYDE, Secretary of Agriculture.