Supplement Maker Seeks Declaratory, Injunctive Relief from HHS, FDA

TRENTON - NVE Pharmaceuticals filed suit March 4 against the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) seeking to enjoin the agencies from implementing a ban on the sale of products containing ephedra. NVE Inc. v. Department of Health and Human Services, et al. No. 2:04-cv-00999-JAP-MCA (D. N.J.).

The supplement maker alleges that the federal authorities violated the Dietary Supplement Health and Education Act (DSHEA) of 1994 because they failed to show that ephedra 'presents a significant or unreasonable risk of illness or injury under conditions of use recommended in labeling.'

On Dec. …