Utah Appeals Court Upholds FDA Ephedra Ban
The U.S. Court of Appeals for the Tenth Circuit has upheld the FDA’s ability to enforce a ban against the selling of ephedra products as dietary supplements. In 2005, a Utah federal judge limited the FDA’s ability to enforce a ban against the selling of ephedra products as dietary supplements. That ruling temporarily prevented the agency from taking action against Nutraceutical Corporation, a Utah-based company that sued to block the ban. The 1994 Dietary Supplement and Health Education Act (DSHEA) states that to ban a product, the FDA must prove that it poses an “unreasonable risk of illness or injury.” Ephedra products have been linked to several deaths and thousands of complaints from consumers, many of whom have filed lawsuits. The FDA has concluded that …
Continue Reading >Utah Court Restricts FDA Action against Ephedrine Product
In 2005, a Utah federal judge limited the FDA’s ability to enforce a ban against the selling of ephedra products as dietary supplements. The ruling (shown below) temporarily prevented the agency from taking action against Nutraceutical Corporation, a Utah-based company that sued to block the ban. The 1994 Dietary Supplement and Health Education Act (DSHEA) states that to ban a product, the FDA must prove that it poses an “unreasonable risk of illness or injury.” Ephedra products have been linked to several deaths and thousands of complaints from consumers, many of whom have filed lawsuits. The FDA has concluded that “in the absence of a sufficient benefit, the presence of even a relatively small risk of an important adverse health effect to a user may …
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