'18067. Adulteration and Misbranding of etber. U. S. v. 22 Half-Pound 
Cans and 32 Quarter-Pound Cans of Etber for Anesthesia V. S. P. 
Default    decree   of    condemnation,   forfeiture,   and   destruction.
(F. & D. No. 25847.    I.  S.  Nos. 5089, 5090.    S. No. 4078 )
j Samples of ether from the shipments herein described having been found to 
contain peroxide, a decomposition product, the Secretary of Agriculture reported 
the matter to the United States attorney for the District of Massachusetts.
On January 31, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 22 half-pound cans and 32 quarter-pound cans of ether, remaining in 
the original unbroken packages at Boston, Mass., alleging that the article had 
been shipped by Merck & Co. (Inc.), from Rahway, N. J., in part on or about' 
' February 1, 1930, and in part on or about October 20, 1930, and had been 
transported from the State of New Jersey into the State of Massachusetts, 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 
the test laid down in the said pharmacopoeia official at the time of investiga- 
tion, 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 March 30, 1931, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AETHUB M. HYDE, Secretary of Agriculture.