On December 30, 2003, the Food and Drug Administration (FDA) announced the Federal ban of the purchase or sale of the dangerous herbal weight-loss supplement Ephedra and products containing ephedrine-alkaloid. Continued health concerns about the product, combined with a government study linking ephedra with heart attack, stroke and other dangerous side effects prompted the ban. The blockage of the sales of ephedra, also known as Ma Huang, marks the first time that a diet supplement has been pulled from the nation's shelves. If you have taken ephedra and are suffering detrimental health effects, you may have the right to file a product liability claim against the manufacturers and suppliers of this hazardous diet supplement. Now is the optimum time to discuss the effects of ephedra not only with your health care provider, but with legal experts who specialize in product liability claims and the prosecution of the manufacturers and suppliers of dangerous diet drugs and supplements.

Ephedra is marketed as a dietary supplement which works as a stimulant, energy supplement and diet aid. With the FDA’s announcement, 62 ephedra manufacturers will receive notification that they must cease manufacturing and sales of the drug within sixty days. Making ephedra’s purchase or sale illegal follows increased controversy and strong evidence of ephedras’ link to heart attacks, strokes, seizure and other conditions. The American Medical Association (AMA) had testified before Congress in October of 2002 on the dangers of ephedra and had urged the FDA to ban the diet aid. This warning was followed in February 2003 by the U.S. Department of Health and Human Services' announcement of its first series of regulations for dietary supplements containing ephedra and ephedrine-alkaloid ingredients.  Ephedra had already been connected to the deaths of well-known athletes and others.  The public was cautioned on the health risks associated with ephedra and strenuous exercise, and the dangers of the supplement when combined with other stimulants such as caffeine. Some states did not wait for the recent Federal ruling and banned the sale of ephedra immediately.

The FDA differentiates between physician prescribed diet drugs and supplements sold without a prescription. The sale and distribution of prescription diet drugs is strictly regulated and pharmaceutical makers must record, research and share information regarding any illness or fatality caused by a product. The FDA categorizes diet supplements such as ephedra as foods, and subjects these products to less regulation than prescription drugs. However, once the FDA proves that a supplement poses an unreasonable risk of injury or death to the consumer, sales can be halted. There have been 16,000 adverse reports in the government’s most recent study of the drug, and other research has conclusively cited ephedra as a significant health risk.

While many people see diet drugs and supplements as a panacea to weight control and obesity, it is becoming increasingly evident that diet aids and supplements can cause serious complications and death. People are advised to lose weight because of the increased health risks associated with obesity, so many turn to diet aids to help improve their health. In the case of ephedra and ephedrine containing products, people are risking their lives for a diet product that research has found provides temporary weight loss only.

Laws protect the rights of consumers with regards to the safety of products when used as directed. While the safety of ephedra has long been debated, manufacturers have continued to profit by misleading the public on the benefits of its use. If you or a family member has suffered health problems or injury because of ephedra, you should seek the guidance of a qualified attorney who has the experience and resources to effectively investigate and substantiate any medical damage caused by the diet supplement. Under product liability laws, you may have a case for negligence, strict liability or breach of warranty.

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