FINALLY, THE FDA BANS EPHEDRA

Blame Agency's Slow Pace And '94 Law For Delay

What took them so long? Three states and most professional sports
leagues had already banned ephedra by the time the folks at the Food
and Drug Administration got around to outlawing the herbal supplement
last week. At that, the ban doesn't go into effect until March because
of procedural rules. So ephedra users have plenty of time to stock up
on long-term supplies.

The stimulant, used primarily for dieting, accelerates the heart rate
and constricts blood vessels. The FDA got its first reports of
ephedra-related risks eight years ago. In 2001, using evidence
linking ephedra to 81 deaths, a consumer group petitioned the FDA to
ban it. No such luck. But that year the National Football League
outlawed it. So have the NCAA and the International Olympic Committee.

Late Warning

Sad to say, that hasn't prevented its use by some athletes. Last
February, Baltimore Orioles' pitcher Steve Bechler died of ephedra-
related heatstroke during spring training in Fort Lauderdale. One week
later, the FDA ordered labels on ephedra products warning of the risk
of heart attacks, strokes or death.

While the federal agency's ban, announced on Dec. 30, is welcome, it
has been slow in coming. Congress has abetted this foot-dragging. A
1994 law put dietary supplements like ephedra almost completely beyond
the purview of the FDA. Prescription medicines must undergo rigorous
testing before they're approved by the FDA for marketing. Not so the
supplements, thanks to Congress. Only when they prove as hazardous as
ephedra can the FDA act, and then, as this case shows, it moves with
the speed of cold molasses.

The ephedra fiasco should prove to Congress that these supplements
need more scrutiny before they're marketed. The law needs tweaking to
give the agency more oversight and added resources to act sooner to
get dangerous products off the market.

Millions At Risk

It is estimated that millions of Americans use products with ephedra.
Not all are dieters. Some use it to relieve asthma symptoms, for
example. But after Mr. Bechler's death, some large retailers, such as
Walgreens, stopped carrying ephedra products and a few makers halted
production.

But the travesty is that even with the upcoming ban, there still is
plenty of ephedra to be had for those bold enough to keep using it,
thanks to the FDA's torturously slow process. Blame the 1994 law, the
agency's own administrative rules, or both for the delay. Now that it
has decided, the FDA should move will all deliberate speed to
implement the ban and make it stick.