Products Listing Ephedrine, Ephedrine Alkaloids Prescription in Idaho

Products Listing Ephedrine, Ephedrine AlkaloidsPrescription in Idaho

BOISE, Idaho--One state has made it so that supplements listing ephedrine orephedrine alkaloids on their labels will no longer be sold over-the-counter(OTC). The Idaho Department of Pharmacy decided that dietary supplements thatlist ephedrine in any form--including ephedrine alkaloids--need a prescriptionin order to be sold in Idaho. However, products containing ephedra and ma huang,but not labeled as ephedrine or ephedrine alkaloids, will remain OTC.

Until now, this has been a little-enforced rule. "Rule 158 states thatproducts that contain ephedrine are considered interpretations of the law inIdaho," said Kim Smith at the National Nutritional Foods Association (NNFA).Smith added that most states have the same sort of rule, but it is usually notapplied to dietary supplements.

"[Other states] have not interpreted that rule to apply to dietarysupplements," Smith explained. She added that Idaho may have made thisdecision to make enforcement issues more clear. NNFA has known for some timethat Idaho had this rule, but it had not been concerned because it had not beenenforced until now.

The main concern facing NNFA is that manufacturers may decide not to listephedrine/ephedrine alkaloids contained in their products in order to sidestepthis rule. This would not be unlawful, but it is deceiving to consumers.According to David Seckman, executive director of NNFA, other states requirethat the active ingredients of a product need to be mentioned on the label."Several states require that ephedrine alkaloids be mentioned on a productlabel so that the active component of the supplement is revealed. [In enforcingRule 158,] Idaho is refusing to allow this best practice."

In the meantime, according to Smith, the worst that may happen is thatephedrine/ephedrine alkaloid products may be embargoed when they reach Idaho.NNFA recommends that ephedrine manufacturers should assess the legal andregulatory consequences before selling their product in Idaho. NNFA plans tocontinue working with the Department to correct its"misinterpretation" of its rule. For additional information, visit www.nnfa.org.