18694. Adulteration and Misbranding of ether.    IT. S. v. 15 Cans of Ether.
Default decree of condemnation, forfeiture, and destruction.     (F.
& p. No. 26288.    I. S. No. 29883.    S. No. 4600. >
A sample 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 Middle D'strict of 
Pennsylvania.
On April 25, 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 15 cans of ether, remaining in the original unbroken packages 
at Harrisburg, Pa., alleging that the article had been shipped by the New York 
Quinine & Chemical Works (Inc.), from New York, N. Y., on or about February 
24, 1931, and had been transported from the State of New York into the State 
of Pennsylvania, and charging adulteration and misbranding in violation of the 
food and drugs act.  The article was labeled in part: "Ether 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 strength, quality, and purity as determined by the test 
laid down in the said pharmacopoeia.
Misbranding was alleged for the reason that the statement on the can label, 
"Ether U. S. P.," was false and misleading when applied to ether falling 
below the United States Pharmacopoeial standard, in that it contained peroxide.
On June 10, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
AETHXTR M. HYDE, Secretary of Agriculture.