18074. Adulteration and Misbranding of ether.    TJ. S. v. One Hundred and
Thirteen 1-Pound Cans, et al., of Ether. Default decree of con- 
demnation and forfeiture.    Product delivered to this department.
(F. & D. No. 25780.   I. S. Nos. 8946, 8947.    S. No. 4018.)
Examination of samples of ether from the shipments herein described having 
shown that it did not conform to the United States Pharmacopoeia, since 
peroxide (a decomposition product) and excessive acid were found therein, the 
Secretary of Agriculture reported the matter to the United States attorney for 
the Western District of Pennsylvania.
On January 22, 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 one hundred and thirteen 1-pound cans and twenty-four 5-pound cans 
of ether, remaining in the original unbroken packages at Pittsburgh, Pa., alleging 
that the article had been shipped by the J. T. Baker Chemical Co., from 
Phillipsburg, N. J., in various consignments, on or about November 6, November 
25, and December 31, 1930, and had been transported from the State of New 
Jersey into the State of New York, and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: 
" Ether Purified U. S. P. X."
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 tests laid 
down in said pharmacopoeia. Adulteration was alleged for the further reason 
that the strength and quality of the article fell be'ow the professed standard { 
under which it was sold, namely, " Ether Purified Z  S. P."
Misbranding was alleged for the further reason that the statement on the 
label, " Ether Purified U. S. P. X.," was false and misleading.
On March 21,1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the ceurt that 
the product be delivered to this department for analytical purposes.
ARTHUR M. HYDE, Secretary of Agriculture.