18682. Adulteration and Misbranding of etber.    U. S. v. 180 Cans of Etber.
Default decree of condemnation and forfeiture. Product ordered 
destroyed or delivered to Federal agency. (F. & D. No. 26358. I. S. 
Nos. 28357, 28358.    S. No. 4685.)
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 Pennsyl- 
vania.
On May 13,1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of one hundred and eighty 1-pound cans of ether, remaining in the 
original unbroken packages at Pittsburgh, Pa., alleging that the article had been 
shipped by the Rossville Commercial Alcohol Corporation, from Mechanicsville, 
N. Y., on or about April 21, 1931, and had been transported from the State of 
New York 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 differed 
from the standard of strength, quality, and purity as determined by tests laid 
down in the said pharmacopoeia official at the time of investigation, and Its own 
standard was not stated on the label.   Adulteration was alleged for the further
reason that the strength and purity of the article fell below the professed 
standard under which it was sold, namely " Ether U. S. P. X."
Misbranding was alleged for the reason that the statement on the label, 
'? Ether U. S. P. X," was false and misleading.
On June 9, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered. The decree further ordered that the 
product be destroyed or, in Heu thereof, that it be released to this department 
if such delivery be duly requested.
ABTHUE M. HYDE, Secretary of Agriculture.