19042. Adulteration and Misbranding of etber.    IT. S. v. 72 Cans of Ether. 
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 26344.    I. S. No. 28758.    S. No. 4667.)
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 Eastern District of 
Virginia.
On February 9, 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 72 cans of ether, remaining in the original unbroken packages at 
Richmond, Va., alleging that the article had been shipped by Merck & Co. (Inc.), 
from Bahway, N. J., on or about November 24, 1930, and had been transported 
from "the State of New Jersey into the State of Virginia, and charging adultera- 
tion 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
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the standard of strength, quality, and purity as determined by the tests laid 
down in the said pharmacopoeia, in that it contained peroxide.
Misbranding was alleged for the reason that the statement, " Ether for 
Anesthesia, U. S. P." on the label, was false and misleading.
On July 6, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the property be destroyed by the United States marshal.
ABTHTJE M. HYDE, Secretary of Agriculture.