New York County Bans Ephedra Sales

SMITHTOWN, N.Y.--Suffolk County in New York state became the first region to completely ban ephedra sales. On Feb. 11, the county passed an initiative by a vote of 12 to 5 (with one abstention) to ban the sale of ephedra products. The bill received more votes than legislators had expected--it needed 10 out of 18 to pass--and when it received 12, its place was solidified as a passed bill. "Twelve is needed because, even though I believe the county excutive would have probably signed the bill in any case, this number overrides any potential veto," said Jon Cooper (D-Lloyd Harbor), the legistor who spearheaded the legislation.

This follows Cooper's success in banning the sale of ephedra to minors in late 2002. "The industry lobbyists don't want people to know this, but the simple fact is ephedra kills," he said in a press release. "It has taken the lives of many all around the country. It must be banned in Huntington. It must be banned in Houston. It must be banned in Honolulu. It must be banned, period."

Cooper added he received hundreds of e-mails and phone calls asking him to withdraw the bill; he said the comments he received outnumbered his successful 2000 bid to outlaw the use of hand-held cell phones by motorists.

"I was always cautiously optimistic that it would ultimately pass," Cooper told INSIDER. "I've been in the legislature for three years now, and I have never worked as hard as I have on the ephedra legislation."

The impetus for this bill was a Suffolk County 20-year-old's death, allegedly from ephedra consumption. And since the iniative passed, Cooper has received a call from another Suffolk County resident whose wife had died, also allegedly from ephedra. He said the medical examiner did not rule the young man's death was caused by ephedra; however, the only product found in his system at time of death was an ephedra-containing supplement. Cooper said his bill banning the sale of ephedra to minors did not have as far a reach as he would have liked, and that is why he pressed forward with this bill. "It obviously didn't go far enough since the 20-year-old and this other woman I just learned about obviously weren't minors," he said.

The county executive has 30 days from when the initiative was passed to officially sign the bill into law. Once it becomes law, the bill goes into effect 30 days afterward. Because Cooper recognizes not all retailers will be aware of the new law, retailers will receive a warning for their first violation; for each subsequent violation, retailers will be fined $5,000.

Cooper told INSIDER he had no idea how many dietary supplement companies were in Suffolk County until he introduced his bill. These companies include NBTY Inc., makers of Nature's Bounty supplements; Twinlab, which recently discontinued ephedra supplements due to "impending regulations;" and Wellness International, a supplement distributor.The bill, however, does not affect ephedra production in the county.

The Washington-based Ephedra Education Council (www.ephedrafacts.com) cited the numerous safety studies behind ephedra supplements do not support the need for this ban. "Preventing local retail store owners from selling these safe and beneficial supplements will only hurt Suffolk County's economy," said Wes Siegner, general counsel of EEC. "Residents will still have ready access to ephedra products over the Internet and in neighboring counties to help those who cannot lose weight and stay healthy by diet and exercise alone."

The only way to overturn this ban, according to Cooper, would be to file an Article 78 motion with the New York state appellate court that would argue Suffolk county did not have the jurisdiction to enact this ban and only New York state does. Cooper feels confident that the bill remains safe from being overturned. "When my cell phone bill passed a few years back, there was the same threat [of someone filing a motion against it]," he said. "When cell phone manufacturers were talking about filing an Article 78, the issue became moot because, within a month, another county had passed the same ban, followed by other counties and, ultimately, New York state."