I just do not understand

by rcentor on April 18, 2005

Why do we even have an FDA? Why would a Federal Judge overrule their scientific opinion?

Will ephedra products return to stores?

The judge Thursday ruled in favor of a Utah supplement company that challenged the Food and Drug Administration’s year-old ban. Nutraceutical claimed that ephedra has been safely consumed for hundreds of years.

Research shows that the amphetamine-like herb can speed heart rate and constrict blood vessels even in seemingly healthy people, but it is particularly risky for those with heart disease or high blood pressure or who engage in strenuous exercise. Among the deaths linked to the substance was that of Baltimore Orioles pitching prospect Steve Bechler, who collapsed and died during spring training two years ago.

The judge’s decision was seen by some anti-ephedra advocates as falling short of an outright reversal of the ban, though a Nutraceutical lawyer declared flatly, “the ban is gone.” The company said it is too soon to say whether it will put the product back on shelves.

Industry groups said supplements that included ephedra were once used by 12 million people.

Judge Tena Campbell’s order prevents the FDA from stopping Nutraceutical from selling its product and sent the case back to the FDA for a determination of what are safe and dangerous levels of ephedrine.

The FDA was evaluating the ruling, but Health and Human Services spokesman William Pierce said the agency “made the right decision from the standpoint of science and our statutory authority. This is exactly when the dietary supplement law should apply.”

Health officials and Justice Department lawyers are looking at the ruling to determine the next step, Pierce said.

All I can do is shake my head in disbelief. The judge invoked the 1994 federal dietary supplement law which gives “nutritional supplements” a free pass around the FDA. We really need Congress to revisit that law.

Ephedra is dangerous. That is a fact. Her ruling convinces me that this judge is dangerous.

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{ 6 comments… read them below or add one }

Trent McBride April 18, 2005 at 10:25 am

From the story in the NYT, her decision mainly rested on the fact that the FDA failed to prove that ephedra was considerably risky at low and suggested doses. That’s the main point, since the FDA shouldactually show some data to this effect (according to their stated powers).

Daniel Newby April 18, 2005 at 11:40 am

The FDA had a scientific opinion about ephedra? For that they would need a dose-response trial, and research into the biochemical causes of adverse results, which I never heard about during the ephedra controversy. What I did hear about was a small number of weeping relatives begging for “something to be done”. So they banned it to score PR points. It looks a lot like the silicone implant debacle.

My strong suspicion is that ANY sympathomimetic amine given in large uncalibrated doses will have exactly the same side effect profile as ephedra, including fatalities. A subset of people are simply hypersensitive to pressor amines, and tend to also have substantially reduced monoamine oxidase activity. Pressor amines can get these folks into real trouble. (Says the man who felt horribly bad after taking pseudoephedrine, went into atrial fibrillation after repeated doses of phenylephrine, and gets migraine attacks from MSG. If I took a big dose of any pressor and went to baseball practice, I would expect to die.)

That was the judge’s point. We KNOW the whole class of drugs has a narrow (in some cases nonexistent) therapeutic window. It is entirely possible that ephedra adverse reactions resulted from a lack of dose calibration, in which case the FDA’s statutory authority would only extend to those doses. (In exactly the same way that they limited OTC potassium tablets to 100 milligrams.) The FDA could have prevented this by asking the judge to wait a few hours while the scientific results were emailed, and then presenting them in court. Either the ban was unscientific, or the FDA didn’t bother to read its own science reports in a life-and-death matter. Whatever happened, the FDA screwed up.

profderien April 18, 2005 at 7:40 pm

i concur with db that this is an act of idiocy, should it allow the return of ephedra to market shelves. i speak “only” from personal experience — and my use of the product was at a dosage well below the “low and suggested doses.” combined with exercise, however, it was nearly a deadly combination.

surely… a “dose-response trial” and investigation into “biochemical causes of adverse results” would be heavenly — but would it be at all possible? given that the quality/potency/what-have-you controls are completely lacking at all levels of production, and knowing that these lacunae are protected by [bad] law — well, given all of that, i applauded the fda’s ban — because the fda decided to err on the side of safety.

i don’t mean to meander overly much … but it comes to mind: senator orrin hatch’s shadowy role in the world of dietary supplements — from ephedra to dhea, to anabolic steroids. hence the title to the article below, “scorin’ with orrin”!

http://www.washingtonmonthly.com/features/2001/0109.mencimer2.html#byline

and really, bringing in orrin is rather apt to the discussion of ephedra:

“Among other things, the Utah Republican co-wrote the 1994 law that lets supplement makers sell products without the scientific premarket safety testing required for drugs and other food additives. That law has proved a major obstacle to federal control of ephedra.”
http://www.theleftcoaster.com/archives/000054.html

japhy April 19, 2005 at 9:07 am

this judge’s decision was not about the safety of ephedra. rather, it was what is the fda required to demonstrate in order to keep a non-pharmaceutical product off the shelf. the statuory language of the food drug and cosmetics act has different requirements for non-pharmaceuticals and pharmaceuticals.

this judge is not making a scientific judgment that ephedra is safe – far from it, in fact. rather, the judge ruled that the fda did not follow its own statutory requirements when pulling ephedra.

arf April 19, 2005 at 9:48 am

I thought the FDA had NO jurisdiction over herbals?

Am I mistaken?

JCIO April 20, 2005 at 10:48 am

Who is to say that Ephedra is “dangerous”???? Think about ALL the available products out on the shelves that are not “safe” when you take too much of it. When are people going to grow up and accept personal responsibility for what they put into their bodies? I am tired of hearing about the “baseball player” that died from ephedra. Who in their right mind would take more than the recommended dosage and then exercise in blistering heat? An IDIOT! Thats who! I could die if I take too much cold medicine and wash it down with a beer. I could die if I take too much tylenol-or at least I would shut my kidneys down-and yet these medicines are still widely available. There are plenty of things out on the shelves that are not safe and can cause reactions in certain people. Every product that contained ephedra had a warning on the label. It is up to the consumer to heed that warning. I applaud the Judge. How many more choices are we going to let the government make for us?

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