Assembly approves ephedra ban

By Bill Ainsworth
STAFF WRITER
The San Diego Union Tribune

September 9, 2003

SACRAMENTO – The Assembly passed a bill yesterday that would ban in California the sale of ephedra-based pills consumers use to lose weight and boost workouts, but which doctors blame for causing hundreds of seizures, heart attacks and some deaths.

The bill, approved on a 44-23 vote, is expected to go to the governor after what should be a routine vote on amendments this week by the Senate, which approved the bill earlier this year.

If signed by Gov. Gray Davis, the legislation would wipe out a California market worth millions of dollars, a market that San Diego-based Metabolife International once turned into a spectacular business success.

California would be the third state to ban the sale of ephedra products, following Illinois and New York. The herbal supplement, which revs up the body's metabolism, has been largely unregulated by the federal government because it is classified as a food rather than a drug under a 1994 law.

"It's a powerful message to send to Congress and the Food and Drug Administration that when they don't act, the rest of the country will take action to save people's lives," said state Sen. Jackie Speier, D-Burlingame, the author of Senate Bill 582.

The FDA began considering more strict federal regulations after the well-publicized death of Baltimore Orioles pitcher Steve Bechler, whose heat stroke was linked to his use of ephedra.

Davis' spokesman, Russell Lopez, said the governor hasn't made a decision whether to sign the legislation. Proponents of the ban expect his signature because of the intense criticism the governor, now facing a recall election Oct. 7, has taken for his handling of the issue.

"He got nailed pretty hard when he vetoed the first bill," said Elisa Odabashian, senior policy analyst for Consumers Union, which supports the ban.

In 2000, Davis vetoed a bill by then-San Diego Assemblywoman Susan Davis, now a member of Congress, that would have required warning labels on ephedra products. Davis had received $100,000 in campaign contributions from Metabolife, sparking allegations that he traded the veto for donations.

Last year, after the company was the subject of a federal investigation over the withholding of 13,000 reports about health problems with the product, Davis reversed himself and signed warning label legislation, which also banned the sale of ephedra products to minors.

Davis further criticized the federal government for failing to take action to regulate ephedra products sooner.

In the past few weeks, companies that make ephedra products have fought hard against the ban, telling legislators the products are safe when used as directed. In August, Metabolife hired two influential lobbying firms to try to defeat the ban.

Metabolife spokeswoman Jan Strode released a statement yesterday saying the company was "disappointed" and continues "to believe that our ephedra products are a safe and effective tool for weight loss when used as directed."

The company said hundreds of thousands of adults use ephedra products and California should allow them to continue to do so.

"We believe the governor should not eliminate access to products that are beneficial and can be used in a safe and effective manner," Strode said.

The 44-23 Assembly vote was largely along party lines. Democrats and two Republicans voted in favor of the ban, while all the "no" votes came from Republicans.

Democrats Christine Kehoe and Juan Vargas of San Diego voted for the ban. Voting against it were Republicans Jay La Suer of La Mesa, George Plescia of San Diego, Mark Wyland of Del Mar and Pat Bates of Laguna Niguel.

Assemblywoman Shirley Horton, R-Bonita, did not vote.

The issue sparked a contentious debate.

Supporters said the ban would save the lives of thousands of unsuspecting consumers, while opponents said a ban on retail sales merely would force people to buy ephedra supplements over the Internet and deprive the cash-starved state of sales tax.

Assemblywoman Jackie Goldberg, D-Los Angeles, said the product works by speeding up metabolism, causing seizures and strokes in some people.

"The problems that ephedra represents are too grave for California to wait around any longer," Goldberg said.

Assemblyman Bob Pacheco, R-Walnut, said California should wait for a federal review now under way.

"This is an area that falls under the FDA and should be regulated nationally," Pacheco said.

Problems with ephedra products first gained widespread attention in a study published in 2000 by The New England Journal of Medicine, which linked ephedra to health problems, including fatal heart attacks and strokes.

Researchers looked at 140 cases of health problems, finding a direct link between the product and nearly one-third of the problems and a probable link in another third of the cases.

Industry officials disputed the study and worked against strict regulation.

A series of high-profile deaths has prompted a growing number of organizations to ban ephedra-based products, including the National Football League, the International Olympic Committee and the National Collegiate Athletic Association.

"As time goes on we've had more evidence of harm," said Odabashian of Consumers Union. "There are more and more deaths. It's about time California passed a ban."

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Bill Ainsworth: bill.ainsworth@uniontrib.com