May 2006

Ephedra fate back in court

The Food and Drug Administration has appealed a federal judge’s ruling that lifted the ban on dietary supplements containing low doses of the weight-loss aid ephedra. According to FDA attorneys who want the ban on ephedra restored, the judge who made the ruling misunderstood the law.

An Associated Press story said that an attorney for a Utah company that successfully challenged the ban told a three-judge panel of the 10th U.S. Circuit Court of Appeals that if the judge’s decision is overturned, the FDA could ban virtually any substance it says is harmful in large doses — even peanut butter.

Ephedra was banned from diet products two years ago. The FDA said the supplement presents an unreasonable risk of illness or injury at any dose.

Nutraceutical Corp. challenged the ban, and U.S. District Judge Tena Campbell in Salt Lake City ruled last year the ban could not be enforced against supplements containing doses of ephedra up to 10 milligrams.

The judges did not indicate when they would rule.

Source: The Associated Press

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