FDA issues statement on ephedrine supplements

August 28, 2006

On Aug. 17, the U.S. Court of Appeals for the Tenth Circuit in Denver upheld the FDA final rule declaring all dietary supplements containing ephedrine alkaloids adulterated and, therefore, illegal for marketing in the U.S., reversing a decision by the District Court of Utah. Commenting on the Denver court's ruling, the FDA said, "The Tenth Circuit Court of Appeals' ruling demonstrates the soundness of FDA's decision to ban dietary supplements containing ephedrine alkaloids, consistent with the Dietary Supplement Health and Education Act (DSHEA) of 1994.

FDA issues statement on ephedrine supplements

On Aug. 17, the U.S. Court of Appeals for the Tenth Circuit in Denver upheld the FDA final rule declaring all dietary supplements containing ephedrine alkaloids adulterated and, therefore, illegal for marketing in the U.S., reversing a decision by the District Court of Utah. Commenting on the Denver court's ruling, the FDA said, "The Tenth Circuit Court of Appeals' ruling demonstrates the soundness of FDA's decision to ban dietary supplements containing ephedrine alkaloids, consistent with the Dietary Supplement Health and Education Act (DSHEA) of 1994. The Tenth Circuit Court of Appeals also found that Congress clearly required FDA to conduct a risk-benefit analysis under DSHEA.

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