30877. Adulteration and misbranding of ether. U. S. v. Nine Cans of Ether. 
Default decree of condemnation and destruction. F. & D. No. 45287. 
Sample Nos. 53653-D, 53658-D.)
This product had been shipped in interstate commerce and remained unsold 
and in the original packages. At the time of examination it did not have the 
characteristic odor prescribed by the pharmacopoeia, but did have a foreign odor 
resembling that of bitter almonds.
On May 8, 1939, the United States attorney for the Eastern District of Michi- 
gan, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of nine cans of ether at Detroit, 
Mich.; alleging that the article had been shipped on or about August 13, 1937, 
by Merck & Co., Inc., from Newark, N. J.; and charging adulteration and mis- 
branding 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," but differed 
from the standard of strength, quality, and purity as determined by the test laid 
down in the pharmacopoeia, and its own standard of strength, quality, and 
purity was not stated on the label.
Misbranding was alleged in that the statement on the label, "Ether for 
Anesthesia * * * U. S. P.," was false and misleading since the article failed 
to comply with the specifications of the pharmacopoeia for ether, because of 
the presence of a foreign odor resembling that of bitter almonds.
On June 6, 1939, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.