24044. feared adulteration and misbranding of ether.    V. S. ?. 15 Cans
of    Esther.    Tried    to    the    court.    Judgment    for    the    claimant. 
Libel dismissed.     (F.  & D.  no. 32008.    Sample no. 49116-A.y
On February 20, 1934, the United States attorney for the Middle District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 15 cans of ether at 
Macon, Ga., alleging that the article had been shipped in interstate commerce on 
or about January 11, 1934, by Merck & Co., Inc., from Rahway, N. J., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: " 1 lb. Ether Merck U. S. P. X. Merck & Co., 
Inc., New York."
Analysis of a sample consisting of 10 cans showed the presence of peroxide 
in one of the cans examined.
The article was alleged to be adulterated in that it was sold under a name 
recognized in the United States Pharmacopoeia, its strength, quality, and purity 
differed from the standard prescribed by that authority, and its own standard 
was not stated on the label.
Misbranding was alleged in that the statement on the label, "Ether * * * 
USP X ", was false and misleading and deceived and misled the purchaser.
On January 10, 1935, Merck & Company, Inc., having appeared as claimant 
for the property, the case came on for trial before the court. Evidence on 
behalf of the Government and the claimant was submitted and argument of 
counsel heard, at the conclusion of which the court handed down the follow- 
ing judgment (Deaver, district judge):
" I find that the United States failed to carry the burden imposed upon it by 
law. I find that the Government is not entitled to the relief prayed. It is, 
therefore, Decreed, that the prayers of said bill for libel be denied; that the 
merchandise seized under said libel be delivered to the claimant, Merck & Co., 
Inc.; and that the libel be dismissed."
M. L. WILSON, Acting Secretary of Agriculture.