18965. Adulteration   and   Misbranding of   ether.    U.   S.   v.   Twenty-eight
5-Pound Cans of Ether. Default decree of condemnation, for- 
feiture, and destruction. (F. & D. No. 26876. I. S. Nos. 31256, 31257. 
S. No. 5063.)
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 Northern District 
of California.
On August 18, 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 twenty-eight 5-pound cans of ether, remaining in the original 
unbroken packages at San Francisco, Calif., alleging that the article had been 
shipped by the Mallinckrodt Chemical Works, St. Louis, Mo., on or about 
June 23, 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 the 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, and its own standard was not 
stated on the label.
Misbranding was alleged for the reason that the statement on the label, 
" Ether U. S. P.," was false and misleading.
On September 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.
AETHTIB M. HYDE, Secretary of Agriculture.