Legislation by California State Senator Jackie Speier (D-San Francisco/San Mateo) barring ephedra-containing dietary supplements from store shelves, four years in the making, was sent to Governor Davis Thursday after a final bipartisan Senate vote. The bill passed by 26-13 in the 40-member Senate, with Republican Bruce McPherson joining all 25 Democrats in support.
"After four long years, I'm pleased that we're so close to getting this modern day snake oil off of store shelves," Speier stated. "The sooner we act the more lives we'll save and the more strokes and heart attacks we'll avoid. We can't afford to put any more consumers at risk. Ephedra is dangerous, even deadly. It is neither safe nor effective. Now is the time for us to act. California continues to do the job that the federal government won't - acting to save lives. The ephedra industry, led by Metabolife, ought to be ashamed of their renegade behavior over the years."
Earlier this year the federal FDA proposed a warning label for ephedra (already law in California) and kept the door open to additional stronger actions. However, a federal ban is unlikely, given the strength of the supplement industry. The FDA has not acted since the expiration in early April of a 30-day comment period on their warning label proposal.
Dietary supplements are largely unregulated by the FDA and treated more like foods than drugs - no testing is done on their safety and effectiveness before being sold. Supplement companies also do not have to forward consumer health complaints to health authorities. The NFL, NCAA and the International Olympic Committee have all banned ephedra. Major League Baseball recently banned ephedra for minor-league players. Illinois and New York banned ephedra with unanimous bipartisan support. Ephedra is a strong stimulant known as "legal speed" to many experts.
Speier's bill, SB 582, is supported by the California Medical Association, Consumers Union and numerous public health advocates. It is opposed by the Ephedra Education Council, which represents ephedra manufacturers. Metabolife, whose top executives refused to testify at a Congressional hearing in July, attempted an unsuccessful last-minute stealth campaign to kill the bill. Governor Davis has until October 12 to decide whether to sign or veto the bill. If signed, the legislation would become effective on January 1, 2004.
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