26757. Adulteration and misbranding of ether.    U. S. v. 30 Cans of Ether.   De¬
fault  decree   of  condemnation  and  destruction.     (F.   &   D.   no.   37743. 
Sample no. 66251-B.)
This case involved an interstate shipment of ether that differed from the 
standard of strength, quality, and purity of ether as determined by the test laid 
down in the United States Pharmacopoeia, in that it contained peroxide.
On May 18, 1936, the United States attorney for the District of Maine, act- 
ing upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 30 cans of an article, labeled 
"Ether * * * U. S. P.", at Portland, Maine, alleging that it had been 
shipped in interstate commerce on or about March 21, 1936, by Merck & Co., 
Inc., from Rahway, N. J., and that it was adulterated and misbranded in viola- 
tion of the Pood and Drugs Act.
The article was alleged to be adulterated in that it was sold under a name 
recognized in the United States Pharmacopoeia and it differed from the 
standard of strength, quality, and purity as determined by the test laid down 
in the pharmacopoeia, and its own standard was not stated upon the label.
It was alleged to be misbranded in that the statement on the label, "Ether 
*    *    *   U. S. P.", was false and misleading.
On May 29, 1936, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.