Ephedra ban struck down in Federal Court

[Guest guest]

Federal Judge Strikes Down F.D.A.'s Ban on Ephedra

By MARIA NEWMAN

 

Published: April 14, 2005

 

A federal judge in Utah today struck down the federal government's ban

on the dietary supplement ephedra, which was pulled from the market

last year after it was linked to more than 100 deaths.

 

The judge, Tena Campbell of the United States District Court in Salt

Lake City, said that ephedra was a dietary supplement and that under

rules of the Food and Drug Administration it was the government's

burden to prove whether the supplement was harmful if taken in dosages

recommended by the manufacturer. In this case, the judge said, the

government had failed to do so.

 

http://www.nytimes.com/2005/04/14/health/15cnd-ephedra.html?hp & ex=1113537600 & en=\

fb9ab299a894d043 & ei=5094 & partner=homepage

[Guest guest]

> The judge, Tena Campbell of the United States District Court in Salt

> Lake City, said that ephedra was a dietary supplement and that under

> rules of the Food and Drug Administration it was the government's

> burden to prove whether the supplement was harmful if taken in dosages

> recommended by the manufacturer. In this case, the judge said, the

> government had failed to do so.

 

 

Well, well, well. I figured this would happen. the feds have indeed not met

their burden

and congress cannot supercede DSHEA so easily. No proven causal link was shown

between the 150 ephedra deaths in ten years and the use of ma huang. How ironic

that its

the weight loss industry to our rescue after so many in our field cast them as

the villains in

this drama. I have said all along that even if the 15 deaths per year were due

to ephedra,

so what? A heavily marketed, blatantly misused substance is so dangerous that

15 people

MAY have died from using it least year. So few people, that if compared to the

use rate

and adverse effects of any number of heavily regulated (thus assumed safe)

pharmaceuticals, a graph would round out the incidence to zero. In other words,

so few

cases of significant adverse effects exist at all, that statistically it could

just be a fluke, not

real data of any import. this ruling should offer protection against our

imminent loss of

other herbs like the citruses. Once again, a conservative republican court is

ironically our

best bulwark against the big government bureaucrats who now rule washington.

Ironic,

we all thought it was the dems who were the party of big government and it turns

out its

really whoever holds the pursestrings long enough. Luckily and amusingly, most

of the

conservative judges on the federal courts are true states righters, anti big guv

types and

they keep slapping down their own party when they renege so blatantly on core

principles

(first, the schaivo case and now this - do I detect a chink in the plutocratic

armor of the

neocons? one can only dream)

 

[Guest guest]

Hi everyone. I am back.

 

The real deal with ma huang is this: I have never read a case of a death

associated with ma huang that was unequivocally from the herb. ZERO people

have died from ma huang/ hb ephedra. The people that died either ingested

ephedrine- the isolated alkoid or most commonly a combined herb-herb or

drug herb interaction. Or took too much. Or when there were medical

contraindications. or or or......

No one has died from ma huang alone.

 

with warmest regards,

Cara

 

>

>

>> > The judge, Tena Campbell of the United States District Court in Salt

>> > Lake City, said that ephedra was a dietary supplement and that under

>> > rules of the Food and Drug Administration it was the government's

>> > burden to prove whether the supplement was harmful if taken in dosages

>> > recommended by the manufacturer. In this case, the judge said, the

>> > government had failed to do so.

>

>

> Well, well, well. I figured this would happen. the feds have indeed not met

> their burden

> and congress cannot supercede DSHEA so easily. No proven causal link was

> shown

> between the 150 ephedra deaths in ten years and the use of ma huang. How

> ironic that its

> the weight loss industry to our rescue after so many in our field cast them as

> the villains in

> this drama. I have said all along that even if the 15 deaths per year were

> due to ephedra,

> so what? A heavily marketed, blatantly misused substance is so dangerous that

> 15 people

> MAY have died from using it least year. So few people, that if compared to

> the use rate

> and adverse effects of any number of heavily regulated (thus assumed safe)

> pharmaceuticals, a graph would round out the incidence to zero. In other

> words, so few

> cases of significant adverse effects exist at all, that statistically it could

> just be a fluke, not

> real data of any import. this ruling should offer protection against our

> imminent loss of

> other herbs like the citruses. Once again, a conservative republican court is

> ironically our

> best bulwark against the big government bureaucrats who now rule washington.

> Ironic,

> we all thought it was the dems who were the party of big government and it

> turns out its

> really whoever holds the pursestrings long enough. Luckily and amusingly,

> most of the

> conservative judges on the federal courts are true states righters, anti big

> guv types and

> they keep slapping down their own party when they renege so blatantly on core

> principles

> (first, the schaivo case and now this - do I detect a chink in the plutocratic

> armor of the

> neocons? one can only dream)

>

 

>

>

>

>

>

> Chinese Herbal Medicine offers various professional services, including board

> approved continuing education classes, an annual conference and a free

> discussion forum in Chinese Herbal Medicine.

>

>

>

>

>

>

>

[Guest guest]

Todd wrote in part:

 

>A heavily marketed, blatantly misused substance is so dangerous that

15 people

> MAY have died from using it least year. So few people, that if

compared to the use rate

> and adverse effects of any number of heavily regulated (thus assumed

safe)

> pharmaceuticals, a graph would round out the incidence to zero.

 

Not to mention tobacco related diseases/deaths,

which ARE proven!

But there is a lot of red (meaning republican) money

from tobacco growing states streaming into Washington.

 

A humble opionion from a herbal student.......

Jean

Western NY