17321. Adulteration and Misbranding of ether.    TJ. S? v- 1 Case of Etherv 
Default   decree   of  condemnation   and   destruction.    (F.   &  D.   Nov
24373.    1. S. No. 026901.    B. No. 2629.)
On December 18, 1929, the United States attorney for the Southern District 
of Texas, 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 1 case of ether, remaining in the original packages at Corpus- 
Christi, Tex., alleging that the article had been shipped by the Ohio Chemical 
& Manufacturing Co., Cleveland, Ohio, on or about October 12, 1929, and 
transported from the State of Ohio into the State of Texas, 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 and by a name recognized by the United States Pharmacopoeia and 
differed from the standard of quality and purity as determined by tests laid 
down in said pharmacopoeia. Adulteration was alleged for the further reason- 
that purity of the said article fell below the professed standard of quality 
under which it was sold.
Misbranding was alleged for the reason that the statements on the label of 
the can containing the said article, namely, " The exceptional purity of this- 
ether * * * the exclusion of air by carbon dioxide prevents the oxida- 
tion of ether to * * * peroxides by atmospheric oxygen," were false and 
misleading.
On February 12, 1930, no claimant having appeared for the property, judg- 
ment of condemnation was entered, and it was ordered by the court that the 
product be destroyed by the United States marshal.
ABTHtni M. HTDE, Secretary of Agriculture.