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On April 13, 2005, a federal court in Salt Lake City recently limited the scope of a year old Food and Drug Administration's (FDA) Final Rule banning the sale of all ephedrine-alkaloid dietary supplements.

Also note that some states still have laws in place that ban or regulate ephedrine alkaloid containing dietary supplement products. The ruling has no effect on the laws of several states (including California, Illinois and New York) which have banned all sales of Ephedra products in dietary supplements, because FDA might be able to appeal this court order and try to reverse the decision.

This Federal Court decision and order means that companies produces Ephedra products can legally sell their low-dose ephedra product. It also means that the Food and Drug Administration has to determine what the upper daily intake of ephedrine alkaloids is in dietary supplements that is safe. The ruling also only applies to products containing 10 mg or less of ephedrine alkaloids per daily value. Any product exceeding 10 mg ephedrine alkaloids is still banned and will continue to be enforced under the FDA rule.

Ephedra Decision The FDA ban is inconsistent, and makes a confusing situation. Due to the lobbying power of the pharmaceutical industry, ephedra for weight loss is banned, but ephedrine (the active principle in ephedra) is not banned for other usesand can be purchased in online any drug store. The brands Vasopro, Primatene, and Bronkaid are generally sold as asthma treatments!

The FDA's decision to ban ephedrine alkaloids was overkill, and not grounded in either science or common sense. It is lack of logic to ban the herbal form for dieters but allow ephedrine to be sold in any pharmacy.

Nonetheless, the decision marks a significant victory for the dietary supplement industry.

U.S. states allowing to legally sell low-dose ephedra product:

Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

U.S. states banning any ephedra product:

California, Illinois , New York

Read more at New York Times about attorney decision - Final Rule banning Ephedra (ephedrine alkaloids) has been overthrown. Published on April 13, 2005
A federal judge here cleared the way on Monday for a ban on the sale or manufacture of ephedra to start immediately. A federal judge here cleared the way on Monday for a ban on the sale or manufacture of ephedra to start immediately.

Nutraceutical Corp. and Solaray, Inc. have fought hard and long against a Food and Drug Administration's ruling that they have finally overthrown.