28364. Adulteration and misbranding of ether.    V. S. v. 55 Cans of Ether.    De¬
fault   decree   of  condemnation  and  destruction.     (F.   &  D.   No.   40747. 
Sample Nos. 9630-C, 9642-C.)
Samples of this product were found to contain peroxide.
On November 12, 1937, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 55 cans of ether 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce on or about May 7, 1937, 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 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 the 
said pharmacopoeia, and its own standard of strength, quality, and purity was 
not stated on the container.
It was alleged to be misbranded in that the statement on the label, "Ether 
for anesthesia * * * fully conforms to all requirements of the U. S. P. 
XI, "was false and misleading as applied to ether containing peroxide.
On December 13, 1937, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture. 
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