25111. Adulteration   and misbranding of nitrous   oxide.     J.   S.  v.   6  Cylinders
of Nitrous Oxide. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. no. 35703.    Sample no. 35180-B.)
This action involved an article that had been sold under the name "nitrous 
oxide" and differed from the standard of nitrous oxide as stated in the United 
States Pharmacopoeia, and was shipped in cylinders bearing a statement con- 
cerning their contents that was incorrect.
On July 1, 1935, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of six cylinders of alleged 
nitrous oxide at Cincinnati, Ohio, alleging that the article had been shipped, on 
or about March 30, 1935, by Wall Chemicals, Inc., Detroit, Mich., from that 
city to Cincinnati, Ohio., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act.   The article was labeled, "Nitrous Oxide." .
Analysis showed that the article differed from the pharmacopoeial standard 
in that it contained 17.5 percent of gases uncondensed at the temperature of 
liquid air.
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 tests laid 
down in the said pharmacopoeia, and its own standard was not stated on the 
label.
Misbranding was charged on the ground that the statement on the label, 
"Nitrous Oxide", was false and misleading.
On September 3, 1935, no claimant having appeared, judgment of condem- 
nation, forfeiture, and destruction was entered.
W. R. GBEGG, Acting Secretary of Agriculture.