18388. Adulteration and Misbranding of etber. U. S. "v. 90 One-Q,uarter- 
Found Cans of Etber. Default decree of condemnation, forfeiture, 
and destruction.     (F. & D. No. 25587.    I. S. No. 8172.    S. No. 3896.)
Samples of ether from the shipment herein described having been found to 
contain peroxide, a decomposition product, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Tennessee.
On December 30, 1930, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 90 one-quarter-pound cans of ether at Memphis, Tenn., alleging 
that the article had been shipped by Merck & Co., St. Louis, Mo., on or about 
July 9, 1930, and had been transported from the State of Missouri into the 
State of Tennessee, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: " Ether U. S. P. 
for Anaesthesia."
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 tests 
laid down in the said pharmacopoeia official at the time of the investigation.
Misbranding was alleged for the reason that the statement on the label, 
" Ether U. S. P. For Anaesthesia," was false and misleading.
On April 10, 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.
AETHTJB M. HYDE, Secretary of Agriculture.