24666. Adulteration   and misbranding of  ether.     U.   S.   v.   29   Cans   of  Ether.
Default decree  of condemnation and destruction.     (F.  & D.  no.  35241. 
Sample no. 29435-B.)
This case involved an interstate shipment of ether samples of which were 
found to contain peroxide.
On March 12, 1935, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 29 cans of ether at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce 
on or about April 30, 1934, by the Mallinckrodt Chemical Works, from St. 
Louis, Mo., and charging adulteration and misbranding in violation of the 
Food and Drugs Act   The article was labeled in part: "Ether for Anesthesia."
The article was alleged to be 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 that authority, and its own standard was not stated on the label.
Misbranding' was alleged for the reason that the following statements appear- 
ing on the label, "Critical Care in the Manufacture of this Ether Assures 
Anesthetists and Surgeons of a Product that is Free from Impurities as 
Peroxide", were false and misleading.
On May 24, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.