Supreme Court denies ephedra appeal

May 28, 2007

The Supreme Court refused to consider an appeal in the case of Nutraceutical Corp. v. Eschenbach.

The Supreme Court refused to consider an appeal in the case of Nutraceutical Corp. v. Eschenbach, meaning it is refusing to consider an appeal. The decision, which came on the heels of a federal appeals court decision, represents a nail in the coffin for ephedra and the series of court rulings that played out its fate. Ephedra, which was marketed for weight loss and sports performance, came into the spotlight after being linked with serious adverse events. The FDA banned the herbal, and the case gave critics of the dietary supplement industry more ammunition in the regulatory debate. In April 2005, a Utah judge countered and blocked the FDA's action against Nutraceutical Corp. and the banned ephedra. This was then overturned by a federal appeals court decision in August 2005.

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