80880. Adulteration and misbranding of ether U. S. P. 10 (ethyl oxide V. S. P. XI). U. S. v. 40 Cans of "Ether U. S. P. 10 * * * (Ethyl Oxide V. S. P. XI).» (F. & D. No. 45419. Sample No. 59947-D.) This product failed to meet the tests laid down in the United States Pharma- copoeia, since it. contained acid in excess of the amount prescribed by that authority. On or about June 1, 1939, the United States attorney for the District of Connecticut, acting upon a report by the Secretary of Agriculture, filed in the district court a libel praying seizure and condemnation of 40 cans of ether at Hartford, Conn.; alleging that the article had been shipped in interstate com- merce on or about March 24, 1939, by Merck & Co., Inc., from Rahway, N. J.; and charging adulteration and misbranding 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, i. e., "Ether" and "Ethyl Oxide," but differed from the standard 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. It was alleged to be adulterated further in that its strength and purity fell below the professed standard and quality under which it was sold, "Ether U. S. P. 10," since it did not conform to the specifications of the tenth revision of the United States Pharmacopoeia, because of the presence of excess acid. Misbranding was alleged in that the statement on the label, "Ether U. S. P. 10 * * * (Ethyl Oxide U. S. P. XI)," was false and misleading, since the article did not conform to the specifications of the tenth revision of the United States Pharmacopoeia for ether or to those of the eleventh revision of the pharmacopoeia for ethyl oxide. On September 8, 1939, no claimant having appeared, judgment of condemna- tion was entered and the product was ordered destroyed. M. L. WILSON, Acting Secretary of Agriculture.