18683. Adulteration  and  Misbranding of  etber.    V.  S.  v. Eleven  1-Pound
Cans of Ether. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 25855.    I. S. No. 26273.   S. No. 4099.)
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 Southern District of 
Texas.
On February 4, 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 eleven 1-pound cans of ether, remaining in the original unbroken 
packages at Houston, Tex., alleging that the article had been shipped by the 
Mallinckrodt Chemical Works, from St Louis, Mo., on or about December 3, 
1930, and had been transported from the State of Missouri into the State of 
Texas, 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 tests 
laid down in the said pharmacopoeia.
Misbranding was alleged for the reason that the statement on the label 
of the containers of the article, " Ether U. S. P.," was false and misleading, 
since the said article contained peroxide.
On July 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 destroyed by the United States marshal.
ABTHUB M. HYDB, Secretary of Agriculture.