18050. Adulteration and Misbranding of ether. IJ. S. v. Ten %,-Pound Cans 
of Ether. Default decree of condemnation, forfeiture, and de- 
struction.     (F. & D. No. 25952.    I. S. No. 28025.    S. No. 4206.)
Examination of samples of ether from the shipment herein described having 
shown that peroxide, a decomposition product, was present in the article, the 
Secretary of Agriculture reported the facts to the United States attorney for 
the Eastern District of Pennsylvania.
On February 24, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of ten %-pound cans of ether, remaining in the original unbroken 
packages at Reading, Pa., consigned by Merck & Co. (Inc.), Rahway, N. J., 
alleging that the article had been shipped from Rahway, N. J., on or about 
December 16, 1930, and had been transported from the State of New Jersey into 
the State of Pennsylvania, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: " Ether 
for Anesthesia U. S. P."
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 strength, quality, and purity as determined by the test 
laid down in the said pharmacopoeia official at the time of investigation, and its 
own standard was not stated upon the label.
Misbranding was alleged for the reason that the statement on the label, 
" Ether for Anesthesia U. S. P.," was false and misleading.
On March 17, 1931, 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.
ABTHUB M. HYDE, Secretary of Agriculture.