| The actual legality of ephedra weight loss | | | | Then in August of 2006 a ruling by the 10th U.S. |
| products has flip-flopped causing consumers | | | | Court of Appeals upheld the FDA's ban on all |
| interested in obtaining ephedra diet pills to be at | | | | ephedra products. The marketing of ephedra in |
| the mercy of marketers. Some marketers were | | | | the U.S. is considered illegal and subject to |
| telling consumers ephedra products were illegal | | | | disciplinary action by the FDA. |
| and then pushed another "ephedra-like" product | | | | But Wait! We are not quite done yet. |
| with promises of results "just like ephedra based | | | | The same company, Nutraceutical Corporation, in |
| diet pills". | | | | October 2006 has issued another challenge and |
| The reason for the confusion stems back to the | | | | has filed a petition for rehearing in front of the |
| year 2004 when the FDA declared ephedra used | | | | entire 10th circuit of the US Court of Appeals |
| in products for weight loss, energy, etc. to be | | | | saying the FDA's assessment of "unreasonable |
| considered adulterated, harmful to the public and | | | | risk" is too rigid and gives the agency license to |
| illegal to sell. | | | | declare any dietary ingredient adulterated. |
| Early in 2005 a company by the name of | | | | As of right now ephedra weight loss pills are |
| Nutraceutical Corporation challenged the legality of | | | | considered illegal by the U.S. government. |
| the ban and a Utah judge ruled in favor of | | | | That could change but seems unlikely due to the |
| Nutraceutical Corporation. The legal challenge | | | | fact that Congress is rewriting the laws. The |
| related to the fact that the FDA had not shown | | | | newly worded laws will make it easier for the |
| that products with 10 mg or less of ephedra | | | | FDA to take action and ban substances they |
| alkaloids were dangerous. (Most ephedra products | | | | deem harmful to the general public. |
| before the ephedra ban used 20-25 mg of | | | | Millions of people used ephedra to help lose weight |
| ephedra alkaloids.) | | | | for years while it was on the market. |
| So during 2005 and 2006 companies jumped back | | | | The reason so many people continued to use it |
| on the band wagon and started selling the popular | | | | over and over was because they thought the |
| weight loss products with 10 mg of ephedra. But | | | | herb to be effective at helping them to lose |
| during this time the FDA's official line was ephedra | | | | weight. |
| products were dangerous and illegal. | | | | If it had not show results it would have vanished |
| In fact, the FDA used U.S. marshalls to raid | | | | from the market. But millions of people continued |
| several companies and siezed large quantities of | | | | to search for it even while it was illegal and they |
| weight loss products that contained ephedra. | | | | are still searching for it today. |