Federal Judge Strikes Down Ephedra Ban
By Mark Thiessen
Associated Press
Thursday, April 14, 2005; 3:01 PM
SALT LAKE CITY -- A federal judge Thursday struck down the FDA ban on
ephedra, the once-popular weight-loss aid that was yanked from the
market after it was linked to dozens of deaths.
Park City-based Nutraceutical Corp. and its subsidiary Solaray had
challenged the Food and Drug Administration's ban in federal court.
Supplements that included ephedra have been widely used for weight loss
and bodybuilding, but have been linked to 155 deaths, including that of
Baltimore Orioles pitching prospect Steve Bechler. The FDA ordered the
substance off the market in April 2004.
Nutraceutical claimed in its lawsuit filed last May that ephedra "has
been safely consumed" for hundreds of years.
U.S. District Judge Tena Campbell's ruling, written Wednesday and
announced Thursday, overturns the ban, sends the matter back to the FDA
"for further rulemaking consistent with the court's opinion" and keeps
the agency from enforcement action against the companies.
FDA officials did not immediately return a call seeking comment.
Company President Bruce Hough said the decision is about "protecting
the public's access to safe and effective dietary supplements."