Appeals Court Confirms Ephedra Ban

By William Murphy

Published on August 22, 2006

The three-judge panel of the 10th U.S. Circuit Court of Appeals reversed Utah Judge Tena Campbell’s April 2005 ruling that allowed sales of ephedra in 10 milligram or smaller dosages to continue, pending the FDA’s appeal. Campbell ruled that the FDA had not proven in its 2004 analysis of ephedra that the diet drug posed a danger to consumers in daily dosages of 10 milligrams or less.

Jonathan Emord, attorney for the Neutraceutical Corporation, the company that challenged the FDA ban in Campbell’s court, said the decision is troublesome because it seems to give the FDA power to arbitrarily ban substances. He said that Neutraceutical will seek a rehearing before the entire 19-member 10th Circuit Court of Appeals. If that proves unsuccessful, Emord said the company is prepared to take the case to the U.S. Supreme Court.

Prior to the FDA ban, ephedra was used in several diet supplements for controlling hunger and boosting energy. It has been linked to increased risk for heart attacks, strokes, and death. 23-year-old Baltimore Orioles pitcher Steve Bechler collapsed and died in 1993 after consuming an ephedra-containing product.