FDA up to their same old crap
- 12-08-2005, 10:25 AM
FDA up to their same old crap
FDA Acts to Seize Ephedra-Containing Dietary Supplements
At the request of the U.S. Food and Drug Administration (FDA), the U.S. Attorney's Office for the Eastern District of Texas and the U.S. Attorney's Office for the District of Oregon filed Complaints for Forfeiture against Nature's Treat Energy Plus #1, a dietary supplement that contains ephedra, an herbal source of ephedrine alkaloids. The supplement is distributed by Nature's Treat, Inc., Gainesville, Texas and ACD Distributing, LLC, of Eugene, Oregon.
"FDA will do all we can to protect Americans from potentially dangerous dietary supplements," said Andrew von Eschenbach, MD, Acting FDA Commissioner. "We will continue to warn consumers to avoid consumption of dietary supplements containing ephedrine alkaloids."
Ephedrine alkaloids are adrenaline-like stimulants that can have potentially dangerous effects on the heart. Recent studies have confirmed that ephedrine alkaloids raise blood pressure and otherwise stress the circulatory system, effects that are linked to adverse health effects like heart attacks and strokes. Based on this and other evidence in the scientific literature, FDA issued a rule in 2004 declaring that dietary supplements containing ephedrine alkaloids present an unreasonable risk of illness or injury. According to the product's label, the recommended daily dose of Energy Plus #1 contains 46.8 mg of ephedrine alkaloids.
U.S. Marshals seized 2634 bottles (120 capsules per bottle) of Nature's Treat Energy Plus #1 (lot numbers 205108 and 205109) from Nature's Treat, Inc., Gainesville, Texas. Also seized were 363 bottles of the same lot numbers from ACD Distributing. The seized products have a total retail value of approximately $150,000.
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I guess they don't care that a federal judge ruled that they legally are not allowed to do this.
- 12-08-2005, 11:57 AM
12-08-2005, 12:57 PM
12-08-2005, 12:59 PM
legal to sell ephedrine as a bronchodilator, but not as a supplementOriginally Posted by wastedwhiteboy2
but this product had ephedra, which is banned
12-08-2005, 01:05 PM
No, a federal judge in Utah ruled that the FDA had no legal grounds under DSHEA to ban ephedrA in the first place.Originally Posted by McBurly
The FDA never proved, under the FDA's own definition of sufficient proof, that ephedra is dangerous. Indicators aren't enough, they have to prove through clinical studies that it is unsafe under controlled conditions in order to legally ban it. Thus the ban was overturned because the FDA violated DSHEA.
Aparently the FDA doesn't give a ****. Typical.
12-08-2005, 01:25 PM
Originally Posted by Nullifidian
hmmm, I was under the impression that only ephedrine was legal to sell, my bad
12-08-2005, 01:36 PM
Isn't ephedrine better overall than ephedra? I'd think it'd be more accurate on dosing at least. Wasn't that one of the reasons for the original ephedra ban, inconsistency of dosing when compared to label claims? I think Null was the one who brought that up here in fact.Originally Posted by McBurly
12-08-2005, 01:44 PM
Ephedra in doses under 10mg are legal to sell OTC, but most supplement companies think they won't get insurance to carry them.. I know this because I talk to company reps at least 3 times a week..
12-08-2005, 01:57 PM
Yes, that was one of the FDA's original reasons for banning ephedra; the inability to determine alkaloid ratios. There is a way to standardize how much of general alkaloids are in a product, but not WHICH alkaloids.Originally Posted by CDB
Ephedrine is far superior to ephedra in both safety AND efficacy. Nonetheless, the FDA was in fact overruled by a Utah federal judge.
If the ephedra content was very high perhaps they had reason though.
12-08-2005, 02:23 PM
yea i found that out yesterday when i was about to order bolt's pack of 374 tablets, but the site said they cannot ship to california anymore, and i found a lot of other sites saying the same thing.
12-08-2005, 02:59 PM
The decision overuling the ephedra ban came out of the U.S. District Court for the District of Utah, Central Division which is in the 10th Circuit. Decisions of a fed district court are only binding on those districts, no other courts. Texas is in the 5th Circuit and therefore any decision of the 10th Circuit Court of Appeals or any of its district courts is not binding in Texas. Furthermore, states have concurrent power to pass their own laws in this area so even if there was a lift of the federal ban, each state can pass their own state legislation banning ephedra, and I believe many have. For a better understanding, check out this link: http://www.steroidlaw.com/steroid-law-49.html
12-08-2005, 04:52 PM
Ah. Well if that's the case, then this company has grounds to sue the FDA. While the ruling may only hold for Utah, it was applied using Federal laws against a Federal institutions who issued a Federal ban.
Thus the same arguments are valid. They just have to go to court again is all.
12-08-2005, 05:04 PM
The company has no grounds to sue the FDA because on the facts given, the FDA was executing a valid law in Texas. The companies charged can use the ruling in UT as precedent and make the same arguments, but the UT ruling is only persuasive and not binding in Texas. A court in Texas does not have to follow the UT court's decision and can rule the other way. That ruling will be binding in that district. Also remember, the ruling in UT is being appealed by the FDA and can be reversed by the 10th circuit court of appeals.Originally Posted by Nullifidian
12-09-2005, 04:31 PM
12-15-2005, 10:27 PM
Many of them will still ship though even if they say they won't on the website. Pro'ly just to cover their asses legally.Originally Posted by Schwaugher
12-17-2005, 12:29 AM
"FDA will do all we can to protect Americans from potentially dangerous Big Macs attacks," said Andrew von Eschenbach, MD, Acting FDA Commissioner. "We will continue to warn consumers to avoid consumption of Big Macs containing artery clogging Fat."
Big Mac attacks are adrenaline-like fits that can have potentially dangerous effects on the heart. Recent studies have confirmed that Big Mac attacks raise blood pressure and otherwise stress the circulatory system, effects that are linked to adverse health effects like heart attacks and strokes. Based on this and other evidence in the scientific literature, FDA issued a rule in 2004 declaring that Big Mac attacks present an unreasonable risk of illness or injury. U.S. Marshals seized 2634 Big Macs. The seized products have a total retail value of approximately $150,000.
12-17-2005, 04:04 AM
Yeah, that'll be the day. The FDA and most Federal agencies are bloated, biased bureaucracies which serve corporate masters, not the public interest. The "fun" police will do anything to protect the status quo. Until the supplement industry bands together and gets a serious lobby in Washington it will continue to be assailed as an easy target.Originally Posted by ryano
Aspartame, Vioxx, MSG, Zoloft, Trans Fat, Cigarettes = legal
Ephedra, Superdrol, Testosterone = banned
What's wrong with this picture?
There's more money in the disease than the cure.
01-18-2006, 01:54 PM
Any board sponsors sell Ephedrine 25mg? I just went to the local truck stop to get some and they said no more because it is illegal???
Sleep Supplement 3Z BCAA: Red Raspberry and Lemon flavors
HGH/sleep enhancer: HGHpro
Test Booster: TestoPRO and STOKED!
Preworkout: MANIAC Fruit Punch and Pink Lemonade
01-18-2006, 03:06 PM
Strange indeed. It never became legal in Cali and Jersey. Nevertheless, its not like we buy these products and I'm happy with my straight E. If you ask me, I'd rather it was banned from stores so dumbass couldn't get it so easily, take a ridiculous amount, hurt themselves, then make a stunt out of it. People are so damn stupid.
01-18-2006, 03:46 PM
I thought nutraplanet had it, but their site appears to be down right now so I'm not sure. Anyways, just look for Vasopro or Biotek brand ephedrine hcl.Originally Posted by CROWLER
01-23-2006, 03:00 PM
Same thing happened to me Illinois. They passed another meth lab law that has to put psuedoephedrine that's in cold medicines behind the counter at the pharmacy and you have to show your driver's license. The local gas station used to carry ephedrine behind the counter with the other "stimulants", now they no longer carry it peroid. Some stores don't even sell cold medicine now because they don't have pharmacies.Originally Posted by CROWLER
01-23-2006, 03:04 PM
Go to Indiana like I do !!! God Bless sovereign states, and their individual laws. Blago + Dick Durbin sux with this law !!!
01-23-2006, 03:08 PM
Unfortunatly I'm on the other side, by St. Louis. You know not everyone in Illinois lives in Chicago! It worked for my advatage though, for awhile. Before the Fed ban on Ephedra, I could just drive 20 minutes to MO and buy some becuase the state of IL banned before the Federal one.Originally Posted by Apowerz6
01-23-2006, 03:28 PM
the ephedrine/ephedra ruling is under appeal.. that allows the gov to halt all production of any product containing the substance... tis some law that lets the gov. play it safe and pull it until it is proven to be safe... in this case.. ephedra is guilty until proven other wise
01-23-2006, 03:33 PM
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