UNREASONABLE RISKS

Who should decide what risks are reasonable for you-you or a
bureaucrat? According to the politicians in Congress and the
bureaucrats at the Food and Drug Administration, the correct answer is
a bureaucrat.

On Dec. 30, the FDA announced it is banning the diet herb ephedra
because related products "pose an unreasonable health risk." The FDA's
dire warnings convinced some but inspired others across the nation to
stockpile supplies before the ban takes effect.

Let's consider another example of risk. Aspirin and other
non-steroidal anti-inflammatory drugs (NSAIDs) like Ibuprofen do many
wonderful things for many people, but they also do some nasty things
to some people. Specifically, they can contribute to ulcers, internal
bleeding and death, particularly among the elderly.

So is taking aspirin a reasonable risk? For many people it is, but for
me it is not. I no longer take aspirin or other NSAIDs even for a
headache. Heart disease runs in my family, but I choose to counter
this primarily with a good diet and exercise. I also drink alcohol and
eat chocolate in moderate amounts. To counter inflammation, I eat
ginger root, which is reputed to be pretty good for you generally.

So taking aspirin is risky. So is driving a car, eating too much sugar
or going to the doctor. Living entails risk. Nearly all of the 2.4
million U.S. deaths in 2001 were health-related. More than 100,000
deaths involved an unintentional injury, and over 40,000 involved a
vehicle crash.

What is the risk of taking ephedra? According to the L.A. Times, over
the last several years more than 10 million people have taken diet
supplements containing the substance, and its use has "been blamed for
heart attacks, strokes and at least 155 deaths."

Of course, risk of health problems depends on the individual user and
the amount used. Jon Barron, a "health guru" I heard speak in Aspen a
couple years ago, wrote, "I am not a great fan of ephedra for
weight-loss... [yet] it is not particularly dangerous when used
responsibly. Certainly not as dangerous as aspirin or hamburger, for
that matter."

Not all use is responsible. The L.A. Times quoted one ephedra user, "I
use it like coffee... I'm in the gym at 3:30 in the morning. It really
gets you going." The FDA reports, "In recent years ephedra products
have been extensively promoted for use to aid weight loss, enhance
sports performance and increase energy."

I have no interest in buying ephedra. I think it's pretty obvious how
to lose weight: eat less food, eat better food and exercise more.
There's no good shortcut for this. To "increase energy," follow the
same regimen, plus get sufficient rest and control stress. (I do drink
green tea, which contains small amounts of the stimulant drug caffeine.)

What is ephedra, exactly? In its herbal form it is known as Ma Huang,
and it's common in China. The FDA hasn't banned this substance
altogether; it has banned only "dietary supplements containing
ephedrine alkaloids." The FDA notes its ban "does not pertain to
traditional Chinese herbal remedies" or "products like herbal teas."
Barron adds, "[Y]ou will still be able to buy pure ephedrine, the
active ingredient in ephedra, to your heart's content, in cold
capsules available in supermarkets and pharmacies all over the world
with no restrictions."

One particular variant of the substance you'll want to avoid. The Drug
Enforcement Agency reports, "Ephedrine, a precursor chemical used in
the production of methamphetamine, is readily available from sources
in China and India." Selling "too many" cold pills is now illegal in
Colorado, because cold pills are a "precursor" to methamphetamine
production in home "labs."

What could be more obvious than the simple truth that different people
evaluate risks differently? Some people smoke, drink, ski, play
football and drive cars for whimsical reasons. Rock climbing and car
racing produce some of the same physiological effects as taking
certain drugs. Is it really the job of some far-away bureaucrat to
decide for us what risks are "reasonable?"

What if you happen to disagree with the FDA? Well, then the FDA will
engage in "criminal prosecution of violators." Put another way, if you
try to sell the wrong diet pills, the FDA will send thugs with guns to
stop you and lock you in a steel cage. If you resist, the thugs with
guns will kill you-in the name of public health, of course.

Ephedra is only one target. Armed police agents already roam the
streets to stop people from smoking plants like tobacco and marijuana
on private property. Now some Californians want to ban "junk" food
from vending machines.

In an adult society, individuals get to decide for themselves which
substances they ingest pose "reasonable" risk. False claims and
negligence are handled through civil suits. The greatest "unreasonable
risk" comes from Big Nanny bureaucrats who threaten physical force
against those who dare to decide for themselves which plants to consume.