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The Ban on Ephedra

by Todd Massey on 2007-09-24


There is plenty of public confusion about the legality of ephedra products in the United States and whether it can still be purchased. Discover more about the status of the ephedra ban.

The actual legality of ephedra weight loss products has gone back and forth making consumers interested in getting diet pills with ephedra to be at the mercy of marketers. Some marketers were telling consumers ephedra products were illegal and then pushed another "ephedra-like" product with promises of results just like ephedra based diet pills.

The confusion over the situation starts back in the year 2004 when the FDA declared herbal ephedra used in any type of product for any purpose would be considered adulterated and harmful to the public therefor making it illegal to sell.

The Nutraceutical Corporation challenged the legality of the ephedra ban and in 2005 a Utah judge ruled in their favor. The challenge to the ruling related to the fact that the FDA had declared all quantities of ephedra were dangerous. The FDA had not shown or proven that smaller quantities of ephedra, such as 10 mg instead of the normal 20 mg, were harmful.

The FDA was still declaring that all ephedra products were illegal and that the ban was still in place despite the fact that manufacturers continued to make ephedra diet pills. Although they were now producing lower quantity ephedra products that only contained 10 mg of the ephedra alkaloid.

In fact, the FDA used U.S. marshals to raid several companies and seized large quantities of weight loss products that contained ephedra.

A court of appeals then upheld the FDA ephedra ban in mid 2006 reinstating the fact that ephedra was illegal again. As of today the manufacture and selling of ephedra products for any reason or in any amount is illegal in the US.

The same company, Nutraceutical Corporation, in October 2006 has put forth another legal challenge and has filed a petition for rehearing in the 10th circuit of the US Court of Appeals proclaiming the FDA's assessment of unreasonable risk is too strict and allows the agency too much license to declare any dietary ingredient adulterated.

Right now, all ephedra products are illegal in the United States.

That could change but doesn't seem likely due to the fact that Congress is rewriting the laws regarding supplements and herbs. The newly worded laws will make it easier for the FDA to take action and ban substances they deem harmful to the general public.

Even though there were multiple scientific studies showing ephedra to be effective and safe when used properly the real proof came from the people who purchased ephedra products. They would not have supported it for a decade if it had not worked. They buying public would have moved on.

If it had not show results ephedra would have vanished from the market on it's own. But due to the support of people who thought is was safe and effective they continue to search for ephedra weight loss products despite the fact it is illegal. This is something they just want to use.


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