26759. Adulteration and misbranding of ether.     TJ. S. v.  50 Cans,  17 Cans, 30
Cans,  and 7 Cases of Ether.     (F. & D.  nos.  37754,  37769,  37812, 37820. 
Sample nos. 68684-B, 68687-B, 68760-B, 71390-B, 71392-B, 71420-B.)
This product differed from the standard of strength, quality, and purity for 
ether as determined by the test laid down in the United States Pharmacopoeia; 
because it contained peroxide, and its own standard was not stated on the 
label.
The United States attorney for the Southern District of Iowa, acting upon 
a report by the Secretary of Agriculture, filed in the district court on May 
21, 1936, a libel praying seizure and condemnation of 50 cans of ether at Des 
Moines, Iowa; the United States attorney for the Western District of Tennessee 
filed in the district court on May 28, 1936, a libel and on June 15, 1936, an 
amended libel praying seizure and condemnation of 17 cans of ether at Mem- 
phis, Tenn.; the United States attorney for the Western District of Missouri 
filed in the district court, on June 19, 1936, a libel praying seizure and con- 
demnation of 7 cases of ether at Kansas City, Mo.; and the United States 
attorney for the Western District of Oklahoma filed in the district court on 
June 23, 1936, a libel praying seizure and condemnation of 30 cans of ether 
at Oklahoma City, Okla. The libels alleged that the article had been shipped 
in interstate commerce by Merck & Co., Inc., the consignment of 50 cans at 
Des Moines, Iowa, on or about March 31, 1936; the 17 cans at Memphis, Tenn.,
on or about May 7, 1936; the 30 cans at Oklahoma City, Okla., on or about 
February 1, 1936, from St. Louis, Mo.; and the 7 cases at Kansas City, Mo., 
on or about April 1, 1936, from Rahway, N. J.; and that it was adulterated 
and misbranded in violation of the Food and Drugs Act.
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 said 
pharmacopoeia, and its own standard was not stated on the label.
It was alleged to be misbranded in that the statement on the label, 
"Ether   *   *   *   U. S. P.", was false and misleading.
On July 8, 24, and 27, and October 20, 1936, no claimant having appeared,, 
judgments of condemnation were entered and it was ordered that the product 
be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.