17845. Adulteration and Misbranding of ether.    V. S. ?. lO Cases of Ether.
Default decree of condemnation, forfeiture, and destruction.     (F.
&   D.   No.   24419.    I.    S.   NOB.   028831,   028832,   028833,   028834,   028826, 
028827, 028828. 028829.    S. No. 2678.)
Samples of ether from the herein-described interstate shipment having been 
found to contain more acid and nonvolatile matter than permitted by the United 
States Pharmacopoeia, and to contain peroxide, which is not found in the 
Jharmacopoeial product, the Secretary of Agriculture reported the matter to the 
United States attorney for the Middle District of Pennsylvania.
On January 6, 1930, the United States attorney filed in the District Court of 
the United States a libel, and on May 13,1930, an amended libel praying seizure 
and condemnation of 10 cases, each containing 200 quarter-pound tins of ether, 
remaining in the original unbroken packages at Scranton, Pa., alleging that the 
article had been shipped by the Pacific Chemical Co., from New York, N. Y., on 
or about April 27, 1929, and had been transported from the State of New York 
into the State of Pennsylvania, charging adulteration and misbranding in vio- 
lation of the food and drugs act.   The article was labeled in part: "Ether
* *   *   for anesthesia   *   *   *   The best that can be made for anesthesia
* *    *   it is superior in vital respects to the ether of the U. S. P."
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 laid down in that authority in that it contained 
acid, nonvolatile matter, and peroxide. Adulteration was alleged for the fur- 
ther reason that the article was sold under the following standard of purity: 
" It is superior in vital respects to the ether of the U. S. P.," whereas the purity 
of the said article fell below such professed standard.
Misbranding was alleged for the reason that the statements on the can label, 
" The best that can be made for anesthesia " and " It is superior in vital respects 
to the ether of the U. S. P.," were false and misleading.
On October 27, 1930, no appearance or answer having been filed by the 
parties in interest, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be destroyed by the United States 
marshal.
ABTHTJB M. HYDE, Secretary of Affriculture.