FDA COULD DO NOTHING ELSE BUT BAN EPHEDRA (1-2004) A few years ago, ephedra, also known as ephedrine and ma huang, was one of the most popular herbal supplements sold over the counter in the U.S. because it helped many overweight people shed pounds, and it gave bodybuilders and athletes a little extra boost of energy. Unfortunately, as with all herbal supplements, the Food and Drug Administration was prohibited by law from regulating its dosage or distribution. Manufacturers could even make outrageously exaggerated claims as to its effectiveness and safety. Ephedra is one of the primary ingredients in many over-the- counter diet pills. Some pills, known as “the stack,” combine ephedra with caffeine and aspirin. Many dieters claim “stacking” not only helps them to lose weight, but also to increase their energy. But ephedra also has some nasty side effects, many of which are dangerous, even deadly. For at least 18 years, the FDA has known that ephedra, if used improperly, could be dangerous. Yet all the agency could do was to gather as much evidence as possible in support of its suspicions about the dangers of the supplement. That’s because current law does not allow the FDA to regulate natural herbal extracts the way it can regulate drugs. Only after it had gathered sufficient evidence to prove that ephedra posed a significant public health risk could the FDA legally ban its sale. The FDA now says it has met its burden of proof and has moved to ban the sale of ephedra. The ban, announced last week, will probably take effect in March. Sales of ephedra have been plummeting for months. Yet it has remained very popular among many athletes and dieters, even after receiving much negative publicity. There have been at least 155 deaths attributed to the use of ephedra. Thousands of others have suffered from heart arrhythmias, palpitations, hypertension, and even heart attacks and strokes, all linked to the use of ephedra. Many supporters of the product, however, believe the government’s ban is unwarranted. Some supplement companies and nutritionists had been pushing for tougher labeling regulations. They point to scientific studies that showed no serious side effects from using ephedra in doses of 20 milligrams, three times a day. The problem seems to stem from the misuse of the product by many of those who take it, or by the high doses that some manufacturers recommend. For example, some ephedra tablets contain 250 milligrams, 10 times the recommended safe dosage. And some users have been known to pop more than one of these pills at a time. Jonny Bowden, certified nutrition specialist and author of a number of books on nutrition, says he is not a promoter of the use of ephedra, but he believes it is safe when used properly. “While I’m no great fan of ephedra, it has also been blamed for an awful lot of things it doesn’t deserve,” Bowden wrote in his latest book. Supporters of the ban, however, believe it has been a long time coming. Some believe the FDA has been dragging its feet by not banning it sooner, given the number of deaths associated with ephedra’s use. The bottom line is that, by banning this supplement, the FDA has created the potential for a new black market. Those who swear by the supplement will probably find a way to buy it, despite the ban. The government already spends hundreds of millions of dollars trying to control the traffic of other illicit drugs, like marijuana. Now it has one more illegal substance it must try to regulate. But, in the end, the FDA could do little else. Ephedra is a dangerous supplement, especially when not used as recommended. And since the FDA is prohibited by law from mandating dosage and labeling requirements for herbal supplements, the only thing it could do was ban ephedra outright, once it had established firm evidence of the dangers associated with its use. Maybe it’s time for Congress to modify the law that hamstrings the FDA when it comes to regulating questionable dietary supplements. Maybe a total ban on ephedra was overkill, but given the current laws, there wasn’t much else the FDA could do.