17064. Adulteration and Misbranding of etber.    U.  S. v.  Six Hundred and
Fifty 1-Pound Tins of Etber. Product adjudged adulterated and 
misbranded and released under bond. (F. & D. No. 24081. I. S. Nos. 
015044, 015046.    S. No. 2292.)
On September 21, 1929, the United States attorney for the Eastern District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of six hundred and fifty 1-pound tins of ether, remaining in the 
original unbroken packages at St. Louis, Mo., alleging that the article had been 
shipped by Merck & Co. (Inc.), Rahway, N. J., in part on or about July 3, 
1929, and in part on or about August 7, 1929, and transported from the State 
of New Jersey into the State of Missouri, and charging adulteration and mis- 
branding in violation of the food and drugs act.
Analysis of a sample of the article by this department showed that it "con- 
tained peroxide.
The article was labeled in part: " Ether for Anesthesia 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 purity as determined by tests laid down in said pharma- 
copoeia official at the time of the investigation, since it contained peroxide.
Misbranding was alleged for the reason that the statement, " Ether * * * 
U. S. P." was false and misleading.
On December 9, 1929, Merck & Co. (Inc.), Rah way, N. J., having appeared 
as claimant for the property and having admitted the material allegations of 
the libel, a decree was entered adjudging the product adulterated and mis- 
branded, and it was ordered by the court that the said product be released to 
the claimant upon payment of costs and the execution of a bond in the sum 
of $500, conditioned in part that it be relabeled, under the supervision of this 
department, to indicate that it was not to be used or sold for medicinal or 
anesthetic purposes and should not be sold or otherwise disposed of contrary 
to law.
ABTHTJE M. HYDE, Secretary of Agriculture.