29779. Adulteration and misbranding of "Ether U. S. P. 10 * * * (Ethyl 
Oxide U. S. P. XI)." U. S. v. 46 Cans and 14 Cans of Ether. Default 
decrees of condemnation and destruction. (F. & D. Nos. 44095, 44096. 
Sample Nos. 33895-D, 33896-D.)
This product having been shipped in interstate commerce and remaining 
unsold and in the original packages at the time of examination, was found 
to contain peroxide in 9 of the 10 cans examined. Consequently, it fell below 
the standard for ether defined in the United States Pharmacopoeia, tenth re- 
vision, and for ethyl oxide defined in the said pharmacopoeia, eleventh revision.
On October 24, 1938, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of 60 cans of ether at Washington, 
D. C.; alleging that the article had been shipped by Merck & Co., Inc., in part 
on or about September 7, 1938, "from Elizabeth, N. J., and in part on or about 
September 8, 1938, from Rahway, N. J.; and charging adulteration and mis- 
branding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that it was sold under names 
recognized in the United States Pharmacopoeia, namely, "Ether" and "Ethyl 
Oxide," and differed from the standards of strength, quality, and purity as 
determined by the tests laid down in the said pharmacopoeia, and its own 
standard of strength, quality, and purity was not stated on the label. Adul- 
teration was alleged further in that its purity fell below the professed standard 
or quality under which it was sold, i. e., "Ether U. S. P. 10," since it did not 
conform to the specification of the tenth revision of the pharmacopoeia in 
that it contained peroxide.
Misbranding was alleged in that the statements on the label, "Ether 
U. S. P. 10" and "Ethyl Oxide U. S. P. XI," were false and misleading since 
the article did not conform to the specifications of the tenth revision of the 
pharmacopoeia for ether nor of the eleventh revision of the said pharmacopoeia 
for ethyl oxide.
On November 1, 1938, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.