18370. Adulteration  and Misbranding of ether.    U.  S.  v. Fifteen  1-Pound
Cans of Etnter.    Default decree of condemnation and destruction.
(F. & D. No. 25885.    I. S. No. 26981.    S. No. 4156.)
Examination of a sample of ether from the shipment herein described having 
shown that the article was represented to be a pharmacopoeial product, whereas 
it did not conform to the requirements of the pharmacopoeia since it contained 
peroxide, a decomposition product, $he Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of Arkansas.
On February 11, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of fifteen 1-pound cans of ether at Little Rock, Ark., alleging that the 
article had been shipped by Merck & Co., from St. Louis, Mo., on or about Jan- 
uary 9,1931, and had been transported from the State of Missouri into the State 
of Arkansas, and charging adulteration and misbranding in violation of the food 
and drugs act.   The article was labeled in part: " Ether U. S. P."
It was alleged in the libel that the article was adulterated, since it contained 
peroxide. 
,
Misbranding was alleged in substance for the reason that the label of the 
can containing the article bore the statement " Ether U. S. P.," whereas the said 
article differed from the United States Pharmacopoeial standard of strength, 
quality, and purity for ether.
On June 29, 1931, no claimant having appeared for the property, judgment 
of condemnation 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.