California Legislature Debates Ephedrine Regulation Again

California Legislature Debates Ephedrine Regulation Again

SACRAMENTO--Another ephedrine bill has been introduced in California. Bill SB 397--introduced Feb. 21 to regulate the sale, distribution and labeling of dietary supplements containing ephedrine alkaloids--was discussed April 25, even though a similar bill (AB 2294) was vetoed last September by California Gov. Grey Davis. Sen. Jackie Speier (D-San Francisco) introduced the new bill.

According to the bill's summary, this action would prohibit the sale or distribution of any dietary supplement product containing ephedrine group alkaloids unless they met requirements including: 1) warnings on labels and in advertisements about possible adverse effects; 2) being kept behind the counter or in a locked container; 3) being sold in quantities of not more than three products; 4) carrying the Department of Health Services' 800-number to report adverse events; 5) listing the amount of ephedrine and caffeine alkaloids per serving; and 6) not advertising a product as "all natural," "natural," "all herbal" and the like unless the product is derived from plant-based material. Any violation of these provisions would constitute a misdemeanor offense.

Companies including Herbalife International Inc., organizations such as the National Nutritional Foods Association (NNFA), and retailing groups such as the Direct Selling and California Retailers Associations all oppose the bill. The groups state that SB 397 singles out "a single dietary supplement ingredient for special regulation." Those who support the bill include the California Pharmacists Association and the Council of Acupuncture and Oriental Medicine Associations.

It is uncertain whether this bill would meet the fate of last year's bill. Davis vetoed AB 2294 because he argued that this is a matter of interstate commerce and "clearly the responsibility of Congress to regulate, which they have declined to do thus far," according to the bill's committee analysis.

According to RobertHerrell, staff director in Sen. Speier's office, every bill that is introduced is given to an advisory committee, which, in this case, supported this legislation in a vote of 8-2. The next step is the senate appropriations committee, where the fiscal needs of thebill would be discussed. Following that, it would go through thestate senate and then follow a similar path in the state assembly."I know that Sen. Speier feels very strongly about [regulating ephedrine alkaloid products]," Herrell stated. "In her opinion, the governor erred last year in vetoing [AB 2294]. Hopefully, he won't make that mistake again." Herrell added that ephedra and ma huang are included underthe bill's proposed regulations. Calls to Herbalife were unreturnedby press time. For more information on this bill, visit http://democrats.sen.ca.gov/senator/speier.