20355. Adulteration and Misbranding of ether.    U.S. v. Nine 5-Pound Cans
of Ether.     Default decree  of condemnation, forfeiture, and  de- 
struction.    (F. & D. no. 29012.   Sample no. 15163-A.)
This action involved a quantity of ether, samples of which were found to con- 
tain peroxide, a decomposition product.
On October 10, 1932, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of nine 5-pound cans of ether, remaining in the 
original unbroken packages at Seattle, Wash., alleging that the article had 
been shipped in interstate commerce, on or about May 6, 1932, by the Mal- 
linckrodt Chemical Works, from St. Louis, Mo., to Seattle, Wash., 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 as determined by the test laid down in the said 
pharmacopoeia official at the time of investigation, 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 November 18, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered and it was ordered by the 
court that the product be destroyed by the United States marshal.
B. G. TUGWELL, Acting Secretary of Agriculture.