19043. Adulteration and Misbranding of ether. TJ. S. v. 20 Cans, et al., of 
Ether. Default decree of condemnation. Product delivered to 
Federal agency. (F. & D. No. 27058. I. S. Nos. 34774, 34775. S. No. 
5286.)
Samples of ether from the shipments herein described having been found to 
contain peroxide, indicating deterioration, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Penn- 
sylvania.
On October 10, 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 35 cans of ether at Pittsburgh, Pa., alleging that the article had 
been shipped by the Mallinckrodt Chemical Works, in part from St. Louis, Mo., 
on or about June 29, 1931, and in part from Jersey City, N. J., on or about 
September 21, 1931, and had been transported from the States of Missouri and 
.New Jersey into the State of Pennsylvania, and charging adulteration and mis- 
branding 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 tests laid down in the said pharmacopoeia.
Misbranding was alleged for the reason that the statement on the label, 
M Ether U. S. P.," was false and misleading when applied to ether falling below 
pharmacopoeial standard.
On December 24, 1931, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal. On December 30, 1931, 
the marshal was directed by the court to release the product to the Bureau 
-of Industrial Alcohol, instead of destroying it.
ABTHUB M. HYDE, Secretary of Agriculture.