18398. Adulteration and Misbranding of ether. U. S. v. Sixteen %-Pound 
Cans of Ether. Default decree of condemnation, forfeiture, and 
destruction.    (F. & D. No. 25906.    I. S. No. 27585.    S. No. 4162.)
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 North 
Carolina.
On February 16, 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 sixteen % -pound cans of ether, remaining in the original un- 
broken packages at Asheville, N. C, alleging that the article had been shipped 
by Merck & Co. (Inc.), from Rahway, N. J., on or about October 18, 1930, and 
had been transported from the State of New Jersey into the State of North 
Carolina, 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 Pharmacoepia, 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. 
v
Misbranding was alleged for the reason that the statement on the label, 
'* Ether for Anesthesia, U. S. P.," was false and misleading.
On June 9, 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.
ARTHTJB M. HTDB, Secretary of Agriculture.