18463. Adulteration and Misbranding of ether. U. S. v. 125 One-Half 
Pound Cans of Ether. Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 25645. I. S. 
No. 4995.    S. No. 3934.)
Samples of ether from the shipment herein described having been found to 
contain peroxide, a decomposition product, the Secretary of Agriculture re- 
ported the matter to the United States attorney for the District of Maine.
On January 8, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 125 half-pound cans of ether, remaining in the original unbroken 
packages at Portland, Me., alleging that the article had been shipped by 
Merck & Co. (Inc.), from New York, N. Y., on or about July 19, 1930, and 
had been transported from the State of New York into the State of Maine, 
and charging adulteration and misbranding in violation of the food and drugs 
act.   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 dif- 
fered from the standard of strength, quality, and purity as determined by the 
tests laid down in the said pharmacopoeia official at the time of investigation, 
and its own standard was not stated on the label.
Misbranding was alleged for the reason that the statement "Ether for 
Anesthesia, U. S. P." on the label, was false and misleading.
On March 30. 1931, Merck & Co. (Inc.), Rahway, N. J., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon pay- 
ment of costs and the execution of a bond in the sum of $300, or the deposit 
of cash in like amount, conditioned in part that it be made to comply with 
the law under the supervision of this department.
ARTHUR M. HTDE, Secretary of Agriculture.