19184. Adulteration and Misbranding of ether.    U. S. v. Fifty 1-Pound and
Two Hundred % -pound Cans of Either, et al. Product released 
under bond to be relabeled. (P. & D. Nos. 25557, 25593. I. S. Nos. 
613, 684, 687.    S. Nos. 3854, 3856, 3886.)
Samples of ether from the shipments 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 California.
On December 27 and 30, 1930, the United States attorney filed in the Dis- 
trict Court of the United States for the district aforesaid libels praying 
seizure and condemnation of three hundred and twenty-five 1-pound and 
two hundred 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., in various consignments, on or about 
July 9, July 15, September 16, October 9, October 15, and November 7, 1930, 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. A portion of the article was labeled, "Ether for Anesthesia U.S.P." 
and a portion was labeled, " Ether U.S.P."
It was alleged in the libels 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 tests laid down in the said pharmacopoeia official at the time of investi- 
gation, and its own standard was not stated on the label.
Misbranding was alleged for the reason that the statement on the label, 
"Ether for Anesthesia U. S. P.," was false and misleading.
On March 31, 1931, Merck & Co. (Inc.), Rahway, N. J., filed answers admitting 
the material allegations of the libels and praying release of the product under 
bond, conditioned that it should not be disposed of contrary to the provisions 
of the Federal food and drugs act, and that it be relabeled to show its true 
quality nd the purposes for which it might be used legally. On October 28, 
1931, the claimant having filed good and sufficient cost and release bonds, it 
was ordered by the court that the product be released to the claimant to be 
relabeled under the supervision of this department.
ABTHTJE M. HYDE, Secretary of Agriculture.