18672. Adulteration  and  Misbranding of  ether.    U.  S.  v.  Eighty  1-Pound
Cans of Ether.    Default decree  of  condemnation and  forfeiture. 
Product delivered to Federal agency for technical use.     (F. & D.
No. 26220.    I. S. Nos. 11826. 11827.    S. No. 4536.)
Samples of ether from the shipment herein described having been found to 
contain peroxide, a decomposition product, the Secretary of Agriculture re- 
ported the matter to the United States attorney for the Southern District of 
California.
On April 13, 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 eighty 1-pound cans of ether, remaining in the original unbroken 
packages at Los Angeles, Calif., alleging that the article had been shipped by 
Merck & Co. (Inc.), from St. Louis, Mo., on or about January 24, 1931, and had 
been transported from the State of Missouri into the State of California, 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 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, since it contained peroxide.
Misbranding was alleged for the reason that the statement on the label, 
" Ether U. S., P.," was false and misleading when applied to ether containing 
peroxide.
On June 30, 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 delivered to this department for official and technical use, but 
not to be used for anaesthesia.
ARTHXJB M. HYDE, Secretary of Agriculture