17619. Adulteration and Misbranding of etber. U. S. v. 425 Cans, et al., of 
Ether. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 24655. I. S. Nos. 027527, 027528, 
027701.    S. No. 2909.)
Samples' of ether from the herein described interstate shipment having been 
found to contain peroxide, indicating deterioration, the Secretary of Agriculture 
reported the matter to the United States attorney for the District of New Jersey.
On March 25, 1930, the United States attorney filed in the District Court 
of the United States aforesaid a libel praying seizure and condemnation of 
four hundred and twenty-five 1-pound cans and sixty-three ^-pound cans of 
ether, remaining in the original unbroken packages at Rahway, N. J., alleging 
that the article had been shipped by Merck & Co. (Inc.), Philadelphia, Pa., 
in various consignments on or about January 18, 23, 27, and 29, 1930, respec- 
tively, and had been transported from the State of Pennsylvania into the State 
of New Jersey, and charging adulteration and misbranding in violation of the 
food and drugs act. The article was labeled ic part: "Ether for Anesthesia 
U. S. P."
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 determined by the tests laid down in said 
pharmacopoeia official at the time of investigation, in that it contained 
peroxide.
Misbranding was alleged for the reason that the statement on the label,. 
" Ether   *   *   *   U. S. P.," was false and misleading.
On August 1, 1930, Merck & Co. (Inc.), 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 claimant upon 
payment of costs and the execution of a bond in the sum of $100, conditioned 
in part that it be relabeled in a manner indicating that it should not be used 
or sold for medicinal or anaesthetic purposes.
ARTHUR M. HYDE, Secretary of Agriculture.