Denver appeals court hears ephedra-ban arguments

By William Murphy

Published on May 09, 2006

The FDA seeks to reinstate a blanket ban on ephedra. Appearing before a three-judge panel, Kohl said that U.S. District Court Judge Tena Campbell erred in ruling that the FDA had to prove ephedra's harm, and that Campbell wrongly did not consider scientific findings of ephedra's effects on the body.

Representing Nutraceutical, the company whose 2004 suit against the FDA resulted in Campbell's ruling, attorney Jonathan Emord argued that the FDA had not proven to an acceptable degree that ephedra is dangerous at any dose, saying that no evidence exists that a daily 10 milligram dose of ephedra causes any harm. Neutraceutical wants the FDA to regulate ephedra by dose rather than ban it totally.

Emord, citing peanut butter and vitamin C as examples, cautioned that if the court sides with the FDA and overturns the Campbell decision, the agency would have free rein to ban anything shown to be harmful in large doses.

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