19182. Adulteration of   etber.     U.   S.   v.   Ninety   % -Pound   Cans   of   Etber.
Consent decree of condemnation and forfeiture.     Product released 
under bond.     (F. & D. No. 27077.     I.  S. No. 22324.     S. No. 5311.)
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 Western District of 
Washington.
On October 14, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a Lbel praying seizure and con- 
demnation of ninety pound cans of ether, remaining in the original un- 
broken packages at Seattle, Wash., alleging that the article had been shipped 
by the Mallinckrodt Chemical Works, from St. Louis, Mo., on or about July 22, 
1931, and had been transported from the State of Missouri into the State of 
Washington, and charging adulteration in violation of the food and drugs act. 
The article was labeled in part: " Ether for Anesthesia."
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 the said pharmacopoeia, in that it contained peroxide.
On March 16, 1932, the Mallinckrodt Chemical Co., St. Louis, Mo., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $500, conditioned 
in part that it should not be sold or otherwise disposed of contrary to the 
provisions of the Federal food and drugs act or the laws of any State, Terri- 
tory, district, or insular possession, and further conditioned that it be relabeled 
to the satisfaction of this department.
ARTHUB M. HYDE, Secretary of Agriculture,