17640. Adulteration and alleged Misbranding of ether.    U. S. v. 75 Cans of 
Ether.    Default   decree   of   condemnation,   forfeiture,   and   sale.
(F. & D. No. 24750.    I. S. Nos. 010920, 010921.    S. No. 3109.)
Samples of ether from the herein described interstate shipments having been 
found to contain peroxide and excess acid, the Secretary of Agriculture reported 
the matter to the United States attorney for the Southern District of California.
On May 6, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 75 cans of ether, remaining in the original unbroken packages at 
Los Angeles, Calif., consigned by the J. T. Baker Chemical Co., Phillipsburg, 
N. J., from Philadelphia, Pa., alleging that the article had been shipped in part 
on or about December 12, 1929, and in part on or about February 5, 1930, in 
interstate commerce into the State of California, and charging adulteration 
and misbranding in violation of the food and drugs act. A portion of the article 
was labeled in part: " Ether Purified U. S. P. X." The remainder of the said 
article was labeled in part: " Ether Purified for Anesthesia U. S. P. X."
Analysis of a sample of the article by this department showed that the ether 
contained peroxide and excess acid.
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 tests laid down in said phar- 
macopoeia official at the time of investigation, in that an examination showed 
the presence of peroxide and excess acidity. Adulteration was alleged for the 
further reason that the article fell below the professed standard under which 
it was sold.
Misbranding was alleged for the reason that the statements on the labels, to 
wit, "Ether Purified U. S. P. X." and "Ether Purified for Anesthesia U. S. 
P. X.," were false and misleading.
On July 10, 1930, no claimant having appeared for the property, judgment 
was entered finding the product adulterated and ordering its condemnation and 
forfeiture, and it was further ordered by the court that the said product be 
relabeled, " Ether for technical purposes only, not U. S. P., Contains peroxide 
and excess acid," and sold by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.