17909. Adulteration and Misbranding of ether. TJ. S. v. Fifteen 1-Pound 
Cans of Ether. Default decree of condemnation, forfeiture, and 
destruction.     (P. & D. No. 25576.    I.  S. No. 151S0.    S. No. 3875.)
Samples of ether from the herein-described shipment having been found to 
^contain peroxide, a decomposition product, the Secretary of Agriculture re- 
ported the matter to the United States attorney for the Eastern District of 
Louisiana.
On December 29, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of fifteen 1-pound cans of ether, remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by 
Merck & Co., from St. Louis, Mo., on or about October 27, 1930, and had been 
transported from the State of Missouri into the State of Louisiana, 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 and by a name recognized in the United States Pharmacopoeia, 
and differed from the standard of strength, quality, and purity as determined 
by the test laid down in said pharmacopoeia official at the time of investigation, 
and its own standard was not stated upon the label.
Misbranding was alleged for the reason that the statement on the can label, 
" Ether U. S. P.," was false and misleading.
On February 3, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.