Hatch, Cannon Oppose Risk-Benefit For Ephedra; Experts Discuss NPA Brief
This article was originally published in The Tan Sheet
"Nutritional supplements are not drugs and should not be regulated as such," Rep. Chris Cannon, R-Utah, said in response to inquiries about the possible review of the risk-benefit standard by the Supreme Court
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The National Products Association filed a brief with the Supreme Court April 6 in support of Nutraceutical Corp.'s petition for review of an appellate court decision upholding FDA's use of a risk-benefit standard to determine product adulteration
According to food and drug lawyer Marc Ullman, it is unlikely the Supreme Court will review the 10th Circuit Court of Appeals decision affirming FDA's ban of ephedra in dietary supplements
An appellate court decision upholding FDA's ban of ephedra "will embolden FDA to challenge products that have a bad safety profile," according to Scott Bass, a food and drug law expert and partner at Sidley Austin (Washington, DC)