Great News for Fatties and Tweakers! Federal Judge Strikes Down FDA Ban on Ephedra
SALT LAKE CITY - A federal judge Thursday struck down the FDA ban on supplements containing ephedra, the once-popular weight-loss aid that was yanked from the market after it was linked to dozens of deaths.
The judge ruled in favor of a Utah supplement company that challenged the Food and Drug Administration's ban. Nutraceutical claimed that ephedra "has been safely consumed" for hundreds of years, and that ephedra was wrongly being regulated by the FDA as a drug and not a food.
Judge Tena Campbell agreed, saying federal law places more restrictive rules on the FDA in determining whether to ban foods as opposed to drugs. The judge said the law requires the FDA to prove that a dietary supplement is harmful, rather than having the manufacturer prove it is safe, as is required with drugs.
Nutraceutical President Bruce Hough said the lawsuit had little to do with ephedra and more to do with forcing the FDA to follow the rules Congress set down for it.
He said Nutraceutical interprets the ruling to mean that the company is allowed to start selling ephedra supplements again, but added that it is too soon to say whether it will put the products back on the market.
"This is a great affirmation for the system, that the court goes back and says, 'This is Congress' intent,' and follow it," he said.
FDA spokeswoman Kimberly Rawlings said the agency is "evaluating the decision."
Supplements that included ephedra were once widely used for weight loss and bodybuilding, with industry groups claiming at least 12 million users. The amphetamine-like stimulant, which speeds the heart rate and constricts blood vessels, has been linked to 155 deaths, including that of Baltimore Orioles pitching prospect Steve Bechler. The federal government banned it one year ago.
Campbell's sends the matter back to the FDA "for further rulemaking consistent with the court's opinion" and keeps the agency from enforcement action against the companies.
Total Comments 13
4/14/2005 10:39pm, #2
Now if only they would take blow off of the schedule II list next
4/14/2005 10:42pm, #3
This is great!
:brave:“We are surrounded by warships and don’t have time to talk. Please pray for us.” — One Somali Pirate.
4/15/2005 6:56am, #4
- Join Date
- Mar 2004
Ephedra is still on the market legally you can still buy it in over the counter inhalers for those suffering with breathing difficulty it will give you the increase heart rate and burst of energy as well.I am waiting to see the next "drug" that was considered safe to be banned since so many weightloss supplements have similar effects as Ephedra in example Themogenics.Heres a question
suppose Ephedra was still in weightloss supplements and you had no idea how safe it is would you want someone to tell you the risks and dangers of the supplement?I bet that Baseball player wished someone told him.
4/15/2005 10:57am, #5
4/15/2005 12:51pm, #6
- Join Date
- Mar 2004
The baseball player died from Heat stroke. Means his body overheated and he went into shock.Sure having a weak Heart played a role in it but so does a Themogenic which also increases his Heart rate.Would he have died if he played without taking the supplement possible..is the supplement to take the entire blame for his death nope failure to treat heat exhaustion,poor fitness level and stupidity also make up the blame.The thing is supplement shops will not tell you
the dangers of the supplements they are not allowed to give the information
they are only allowed to speak about what the product does side effects and interactions with other medicine they are not allowed to say.I think Ephendra is
a useful drug it has been used for centuries to help with breathing difficulties.
I think it's a shame that if this gentleman knew of the dangers of it he might have been alive and its terrible that a multibillion dollar industry will not let the public know the risks of their products.
4/15/2005 1:07pm, #7
I was pissed as HELL when the FDA took ephedra off the market. Now whats going to happen when you take a supplement that actually WORKS and you don't have to go back and keep buying all the other useless **** they're pushing?
Ephedra is not really dangerous. You have to be a complete fucking moron to hurt yourself with ephedra.
You can hurt yourself with Advil, Asprin, cough medicine and beer. Again you'd have to be a complete idiot to do so but thats natures way; idiots dont make more idiots and thus life is more pleasurable for us all.
When a bottle tells you to take 3 a day and you take 4 at one time maybe you deserve whatever you get?
After recently ok'ing arthritis medication which lists stroke and heart attack as possible side effects its good that some common sense comes into play here and they make one of the most effective supplements availible once again.
4/15/2005 1:09pm, #8
Cocaine is a schedule II drug?!
Does it make anyone else sick that weed is a schedule I, considered "worse" than cocaine?
Just to let you understand the mentality of the people who control this stuff."All warfare is based on deception." -Sun Tzu, ca. 400BC
Reverse punch Kiaii!!!
4/15/2005 8:15pm, #9
- Join Date
- Dec 2004
- New England
Whoohoo! I am stoked!
I thought that the ban was bullshit myself. When you abuse anything such as this willingly, obviously bad things will happen; this in no way means that those who abuse always die and does not touch upon the definition of abuse.
How many people died from Alcohol abuse last year?
4/16/2005 3:30am, #10
Now I only wish Australia would follow suit...cant even import it, companies wont even ship here. GAHSfl. :glasses12Daniel: I don't know if I know enough karate.
Miyagi: Feeling correct.
Daniel: You sure know how to make a guy feel confident.
Miyagi: You trust the quality of what you know, not quantity.