-28354. Adulteration and misbranding of ether. U. S. v. 310 Cans of Ether (and 
three other seizures of the same product). Decrees of condemnation. 
Portion of the product released under bond for use for technical pur- 
poses; remainder ordered destroyed. (F. & D. Nos. 40423, 40461, 41049, 
41224. Sample Nos. 36440-C, 51678-C, 50586-C, 56879-C, 56880-C, 56881-C, 
58012-C.)
Samples taken from these various lots of ether were found to contain 
ibenzaldehyde. 
On October 5 and 11, 1937, the United States attorney for the Southern Dis- 
trict of New York, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 840 cans of 
ether at New York, N. Y. On December 13, 1937, the said labels were 
.amended.   On December 9 and 23, 1937, libels were filed against 32 cans of
alleged that the article had been shipped in interstate commerce between the 
dates of March 31 and October 13, 1937, by Merck & Co., Inc., in part from 
Rahway, N. J., in part from New York, N. Y., and in part from St. Louis. 
Mo., 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, namely, "ether," and differed 
from the standard of strength, quality, and purity as determined by the test 
laid down in the said pharmacopoeia.
•It was alleged to be misbranded in that the statements on the label, 
"Ether * * * U. S. P." and "Ether for Anesthesia * * * U. S. P.," 
were false and misleading as applied to an article which contained benzaldehyde.
.On November 26, 1937, Merck & Co., Inc., having filed their claim for the lots 
seized at New York, N. Y., having admitted the allegations of the libels, and 
the cases having been consolidated, judgment of condemnation was entered, and 
it was ordered that the said lots be released under bond provided that they 
be repacked for sale as motor ether. On December 31, 1937, and February 23, 
1938, no claim having been entered for the remaining lots, judgments of con- 
demnation were entered and they were ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.