18664. Adulteration and Misbranding of ether. IT. S. v, Thirty-two 
1-Pound Cans of Ether.    Default decree of destruction.     (F. & D.
No. 25741.    I. S. No. 20846.    S. No. 3975.)
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' fbr the District of Minnesota.
On January 17,1931, 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 thirty-two 1-pound cans of ether, remaining in the original unbroken 
packages at Minneapolis, Minn., alleging that the article had been shipped by 
Merck & Co., from Newark, N. J., on or about July 31, 1930, and had Tbeen trans- 
ported from the State of New Jersey into the State of Minnesota, 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 
test laid down in the said pharmacopoeia official at the time of investigation, 
in that it contained peroxide, 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.
On March 24, 1931, no claimant having appeared for the property, judgment 
was entered ordering that the product be destroyed by the United States 
marshal.
ARTHUR M. HYDE, Secretary of Agriculture.