17967. Adulteration and Misbranding of etber.    V. S. v. Fifty 1-Pound Cans
?of Etber. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25743.    I. S. No. 15181.    S. No. 3987.)
Samples of ether from the herein-described shipment  having been found to 
contain peroxide, a decomposition product, the Secretary of Agriculture reported 
the matter to the United States attorney for the Eastern District of Louisiana.
On January 15, 1931, the United States attorney for the Eastern District of 
Louisiana filed in the District Court of the United States for the district afore- 
said a libel praying seizure and condemnation of fifty 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., New York, N. Y., on or about 
May J.5, 1930, and had been transported from the State of New York into the 
State of Louisiana, 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."
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 strength, quality, and purity as determined by tests laid down 
in the 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 label, 
" Ether for Anesthesia U. S. P.," was false and misleading.
On February 19, 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.
ABTHtiE M. HIDE, Secretary of Agrioulture.