18355. Adulteration and Misbranding of ether.    TJ. S. v. 90 Cans of Either.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 25992.    I. S. No. 28452.    S. No. 4229.)
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 Massachusetts.
On March 7, 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 90 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., on or about January 20, 1931, 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 Anaesthesia, 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 said pharmacopoeia.
Misbranding was alleged for the reason that the statement on the can label, 
" Ether for Anaesthesia, U. S. P.," was false and misleading when applied to 
ether falling below the pharmacopoeial requirements.
On April 22, 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.