18330. Adulteration and Misbranding of etber.    IT. S. v. 59 Q,uarter-Pound
Cans of Etber.    Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25589.    I. S. No. 12060.    S. No. 3894.)
Samples of ether from the shipment 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 Colorado.
On January 5, 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 59 quarter-pound cans of ether, remaining in the original unbroken 
packages at Pueblo, Colo., consigned by Merck & Co., St. Louis, Mo., alleging 
that the article had been shipped from St. Louis, Mo., on or about August 7,1930, 
and had been transported from the State of Missouri into the State of Colorado, 
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 said pharmacopoeia official at the time of investigation, and its own 
standard was not stated on the label.
Misbranding was alleged for the reason that the statement on the label, 
" Ether for Anesthesia, U. S. P.," was false, and misleading, since the article 
did not conform to the standard known as U. S. P.
On May 12, 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.
ABTHUB M. HYDE, Secretary of Agriculture.