17310. Adulteration and Misbranding of etber.    U. S. v. 34 Cans of Ether.
Default decree of condemnation, forfeiture, and destruction.    (F. &
D. No. 24615.    I. S. No. 034056.    S. No. 2969.)
On March 15, 1930, the United States attorney for the Northern District of 
Illinois, 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 thirty-four 1-pound cans of ether at Chicago, Ill., alleging that 
the article had been shipped by the J. T. Baker Chemical Co., from Phillipsburg, 
N. J., on or about February 14, 1930, and transported from the State of New 
Jersey into the State of Illinois, 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 excess acid.
It was alleged in the libel that the article was adulterated in that its strength 
felLJ&siGss the professed standard under whkhrit was sold, to wit, "Bthen 
(Purified for Anesthesia U. S. P. X."
Misbranding was alleged for the reason that the statement on the can label, 
to wit, " Ether, Purified for Anesthesia U. S. P. X," was false and misleading, 
since the article showed the presence of excess acidity.
On May 20, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHtrs M. HYDEI, Secretary of Agriculture.