16857. Adulteration   and   alleged   Misbranding of   ether.    V?   S.   v.   Forty-
five 1-Pound Cans of Ether.    Default decree of destruction.     (F. &
D. No. 24080.    I. S. No. 07168.    S. No. 2322.)
On September 23, 1929, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying seizure
and condemnation of forty-five 1-pound cans of ether, remaining in the original 
unbroken packages at Los Angeles, Calif., consigned by the J. T. Baker Chemical 
Co., Phillipsburg, N. J., alleging that the article had been shipped from Phillips- 
burg, N. J,, on or about June 14, 1929, and transported from the State of New 
Jersey into the State of California, and charging adulteration and misbranding 
in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that the ether 
contained peroxide.
It was alleged in the libel that the article was adulterated in that it was 
sold under a name recognized in the United States Pharmacopoeia" and differed 
from the standard of purity as determined by the test laid down in said phar- 
macopoeia official at the time of investigation, in that it contained peroxide.
Misbranding was alleged for the reason that the statement " Ether Purified 
for Anesthesia U. S. P. X.," borne on the label, was false and misleading.
On October 29, 1929, no claimant having appeared for the property, a decree 
was entered adjudging the product adulterated and ordering that it be destroyed 
by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.