22354. Alleged adulteration and misbranding of ether.    U. S. "v. 11 Cans of
Ether.   Tried   to   the   court.     Judgment   for   claimant.   Libel   dis- 
missed.    (F. & D. no. 29192.    Sample no. 7769-A.)
Examination of 10 cans of ether from the shipment involved in this case 
showed that the ether in one of the cans contained peroxide, a decomposition 
product.
On November 8, 1932, the United States attorney for the Middle District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 11 cans of 
ether at Macon, Ga., alleging that the article had been shipped in interstate 
¦commerce, on or about May 21, 1932, by Merck & Co., Inc., from New York, 
N. Y., and charging adulteration and misbranding in violation of the Food 
and Drugs Act.   The article was labeled in part: " Ether 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, and its own standard was not 
stated on the label.
Misbranding was alleged in that the statement on the label, " Ether U. S. P.", 
was false and misleading and deceived and misled the purchaser.
On April 10, 1934, Merck & Co., Inc., entered an appearance and filed a 
claim and answer. On June 28, 1934, the case came on for trial before the 
court, a jury having been waived. After hearing the evidence, the court found 
that the Government had failed to carry the burden of proof, and ordered that 
the product be delivered to the claimant and that the libel be dismissed.
M. L. WILSON, Acting Secretary of Agriculture.