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Ephedra appeal

This article was originally published in The Tan Sheet

Executive Summary

Nutraceutical Corporation will file by Jan. 8 a petition seeking Supreme Court review of an August decision by the U.S. Court of Appeals for the 10 Circuit that upholds FDA's ban of ephedra-containing products, according to an announcement by law firm Emord & Associates Oct. 19. The 10 Circuit denied a petition by Attorney Jonathan Emord for en banc rehearing of the decision, the law firm adds. The petition was filed Sept. 28 (1"The Tan Sheet" Oct. 9, 2006, p. 3). The appellate court overturned an April 2005 ruling by District Court Judge Tena Campbell that barred FDA from enforcing its ephedra ban for products containing 10 mg or less (2"The Tan Sheet" April 18, 2005, p. 5). The Supreme Court is not expected to review the case because it is unlikely to find that the exceptional importance standard has been met or that the case represents a conflicting precedent at the circuit level, says Attorney Marc Ullman (Ullman, Shapiro & Ullman). However, if the Supreme Court does not hear the case, it will continue on remand before Judge Campbell on two remaining causes of action under the Administrative Procedure Act that have not yet been tried, Emord says...

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