3rd Circ. Affirms FDA Ban On Ephedrine Products

Law360, New York (July 14, 2009, 12:00 AM EDT) -- A federal appeals court has upheld the U.S. Food and Drug Administration's final rule banning the sale of dietary supplements containing ephedrine alkaloids, finding that a ruling in an essentially identical case in a different appeals court precluded it from rendering its own judgment.

The U.S. Court of Appeals for the Third Circuit on Tuesday concluded that the FDA ban was properly conceived and that the agency's seizure of ephedrine-containing supplements made by Hi-Tech Pharmaceuticals Inc., the appellant in the case, was legal.

In doing so,...
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