17919. Adulteration and Misbranding of ether. U. S. v. Forty-four 5-Pound 
Cans of Ether. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25558.    I. S.  No. 11674.    S. No. 3851.)
Samples of ether from the herein-described shipment having been  found to 
?l&ntain peroxide, a decomposition product, the Secretary of Agriculture reported 
the matter to the United States attorney for the Northern District of California.
On December 24, 1930, the United States attorney filed in the District Gourt 
of the United States for the district aforesaid a libel praying seizure and con- 
-demnation of forty-four 5-pound cans of ether, remaining in the original un- 
broken packages at San Francisco, Calif., alleging that the article had been 
-shipped by the Mallinckrodt Chemical Works, from New York, N. Y., on or 
-about October 29, 1930, and had been transported from the State of New York 
toto the State of California, and charging adulteration and misbranding in viola- 
tion 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 
?iold 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.
'' Misbranding was alleged for the reason that the- statement on the can label, 
4i Ether U. S. P.," was false and misleading.
"*' On March 4,1931, no claimant having appeared for the property, judgment of 
Condemnation and forfeiture was entered, and it was ordered by the court 
that the produet be destroyed by the United States marshal.
AETHUB M. HTDE, Secretary of Agriculture.