Supreme Court Refused Ephedra Appeal…

Darrell Miller

05/17/07

Date: May 17, 2007 01:39 PM
Author: Darrell Miller (dm@vitanetonline.com)
Subject: Supreme Court Refused Ephedra Appeal…

Supreme Court Refused Ephedra Appeal…The U.S. Supreme Court on Monday refused to consider an appeal by Nutraceutical International Corporation, which sought to overturn a federal ban on the dietary supplements containing ephedrine alkaloids. The court’s decision, issued without comment, lets stand a 2005 ruling by a federal appeals court that upheld the Food and Drug Administration’s (FDA) 2004 ban. David Seckman, executive director and CEO of the Natural Products Association commented on the refusal. “Obviously we were concerned about the consequences of the circuit court’s ruling on the risk benefit standard the FDA used in removing ephedra from the market, which is why we filed our amicus brief. As we clearly stated in the brief, we believe congress did not intend for such a standard to be used. But, since the Supreme Court decides to take up only between five and ten percent of cases brought to it, it is not a shock that they’ve decided not to hear it. We should note, however, that the denial of the Nutraceutical petition is not an affirmation by the Supreme Court that they agree with the lower court’s decision,” Seckman said. In April, the Natural Products Association had filed a “friend of the court” or amicus brief with the U.S. Supreme Court that challenged the lower court ruling on the standard used by the FDA to impose a 2004 ban on ephedrine alkaloids in dietary supplements.