Legal Ephedra Ban Challenge

The knockdown dragout fight over legal ephedra is entering round 3, or is it round 4. Hard to tell, this fight over an ephedra ban has been going on for years.

Back in late August, 2006 it was ruled that ephedra in diet pills was considered illegal.

This was after a year of confusion about whether ephedra was legal or not when it had been under a ban from the first time.

The FDA kept saying it was illegal but a judge had said that it was okay for low dose ephedra products to be sold.

Well, this was tolerated by the FDA for a while. They made a few raid on companies and siezed some ephedra product but ephedra diet pills were being sold all over the internet more and more as time progressed.

These ephedra products cost twice a much and were half the strength of the old ephedra diet pills.

Anyway, there is a company out there that keeps forking out the big bucks to keep sending lawyers into court to battle and fight the ephedra ban.

While I am no legal smartypants and I am glad this company is trying to make ephedra legal again I simply do not think they are going to win this one.

The reason I say this is because the people up in Congress have made a few changes to a law that make it easier for the FDA to do whatever they want about herbs. If they want to declare an herb dangerous and have it removed from the market, then all the FDA has to do is just say so.

The FDA does not have to prove anything. They don't have to prove in any scientific fashion that an herb is harmful. If they think it is harmful all they have to do is declare it so and the herb can be removed and made illegal.

While I certainly hope the legal ephedra ban challenge wins I don't hold out much hope for it.