Federal Judge Finds FDA's Ephedra Ban Improper

SALT LAKE CITY - A federal judge has ruled in favor of a Utah-based drug company that challenged the Food and Drug Administration's 2004 ban on ephedra. Nutraceutical Corp., et al., v. Lester Crawford, et al. No. 2:04CV409 TC. (S.D. Utah).

Plaintiff Nutraceutical and its wholly owned subsidiary, Solaray, challenged the validity of the FDA's 2004 regulation banning 'all ephedrine-alkaloid dietary supplements,' alleging that the final rule violated the Food, Drug and Cosmetic Act (21 U.S.C. 342).

The FDA concluded that ephedrine supplements presented an 'unreasonable risk of illness or injury,' and as such were 'adulterated' and subject to …