May 2007

Supreme Court refuses ephedra appeal

The U.S. Supreme Court on May 14 refused to consider an appeal by Nutraceutical International Corporation, which sought to overturn a federal ban on the dietary supplements containing ephedrine alkaloids.

The court’s decision, issued without comment, lets stand a 2006 ruling by a federal appeals court that upheld the Food and Drug Administration’s (FDA) 2004 ban.

David Seckman, executive director and CEO of the Natural Products Association commented on the refusal. “Obviously we were concerned about the consequences of the circuit court’s ruling on the risk–benefit standard the FDA used in removing ephedra from the market, which is why we filed our amicus brief. As we clearly stated in the brief, we believe Congress did not intend for such a standard to be used.

“But, since the Supreme Court decides to take up only between five to 10 percent of cases brought to it, it is not a shock that they’ve decided not to hear it. We should note, however, that the denial of the Nutraceutical petition is not an affirmation by the Supreme Court that they agree with the lower court’s decision,” Seckman said.

Industry News from:
Chiropractic News from: