Supreme Court Passes on Ephedra Case

WASHINGTON—The Supreme Court on May 14 refused to hear an appeal by Park City, Utah-based Nutraceutical International Corp., which sought to overturn a federal ban on ephedra in dietary supplements. The company had appealed to the Supreme Court following a March 2007 decision by a U.S. district court judge not to hear an appeal of the 2006 ruling by the 10th Circuit Court of Appeals upholding the Food and Drug Administration’s (FDA) 2004 ban on ephedra.

In its challenge, Nutraceutical argued ephedra did not pose a significant health risk when used at recommended low dosages, and that the agency overstepped its regulatory authority in issuing the ban. The Natural Products Association (NPA) filed a “friend of the court” brief with Nutraceutical’s Supreme Court appeal, primarily concerned with the risk-benefit method FDA used in banning ephedra, which it stated would erode the distinction between dietary supplements and pharmaceuticals.

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