18538. Adulteration and Misbranding of ether. U. S. v. One hundred and 
thirteen 1-Pound Cans of Ether. Default decree of condemnation 
and forfeiture. Product ordered destroyed or released to Federal 
agency.    (F. & D. No. 26178.    I. S. No. 28271.    S. No. 4490.)
Tests of ether from the shipment herein described having shown that cer- 
tain samples fell below the requirements of the United States Pharmacopoeia 
in that they contained greater proportions of acid and of nonvolatile material 
than are permitted by the United States Pharmacopoeia, the Secretary of 
Agriculture reported the matter to the United States attorney for the western 
district of Pennsylvania.
On April 6, 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 one hundred and thirteen 1-pound cans of ether, remaining in 
the original unbroken packages at Pittsburgh, Pa., alleging that the article 
had been shipped by the J. T. Baker Chemical Co., from Phillipsburg, N. J., 
on or about March 17, 1931, and had been transported from the State of New 
Jersey into the State of Pennsylvania, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part:   "Ether   *    *    *   U. S. P. X."
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 dif- 
fered from the standard of strength, quality, and purity as determined by the 
tests laid down in the said pharmacopoeia official at the time of investigation, 
and its own standard was not stated on the label.
Misbranding was alleged for the reason that the statement on the label, 
" Ether   *    *    *   U. S. P. X.," was false and misleading.
On May 14, 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, or released, upon 
request, to this department.
ABTHUE M. HYDE, Secretary of Agriculture.