29011. Adulteration and misbranding of ether.    TJ. S. v. 40 Cans of Ether.    De¬
fault   decree   of   condemnation   and   destruction.     (F.   &   D.   No.   41856. 
Sample No. 16834-D.)
This product was sold under a name recognized in the United States Pharma- 
copoeia, but differed from the pharmacopoeial standard in that benzaldehyde 
was found in samples examined.
On March 2, 1938, the United States attorney for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 40 cans of ether at 
Clarksburg, W. Va., consigned by Merck & Co.; alleging that the article had 
been shipped in interstate commerce on or about July 28, 1937, from New York, 
N. Y.; 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, "Ether," and it differed from 
the standard of strength, quality, and purity as determined by the test laid 
down in the 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 and tended to deceive and mislead 
the consumer when applied to an article containing benzaldehyde.
On June 6, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.