New York County Bans Ephedra Sales 29371

New York County Bans Ephedra Sales

SMITHTOWN, N.Y.--Suffolk County in New York statebecame the first region to completely ban ephedra sales. On Feb. 11, the countypassed an initiative by a vote of 12 to 5 (with one abstention) to ban the saleof ephedra products. The bill received more votes than legislators hadexpected--it needed 10 out of 18 to pass--and when it received 12, its place wassolidified as a passed bill. "Twelve is needed because, even though Ibelieve the county executive would have probably signed the bill in any case,this number overrides any potential veto," said Jon Cooper (D-LloydHarbor), the legislator who spearheaded the legislation.

This follows Cooper's success in banning the sale of ephedra tominors in late 2002. "The industry lobbyists don't want people to knowthis, but the simple fact is ephedra kills," he said in a press release."It has taken the lives of many all around the country. It must be bannedin Huntington. It must be banned in Houston. It must be banned in Honolulu. Itmust be banned, period."

Cooper added he received hundreds of e-mails and phone callsasking him to withdraw the bill; he said the comments he received outnumberedthose received during his successful 2000 bid to outlaw the use of hand-heldcell phones by motorists.

"I was always cautiously optimistic that it wouldultimately pass," Cooper told INSIDER. "I've been in thelegislature for three years now, and I have never worked as hard as I have onthe ephedra legislation."

The impetus for this bill was a Suffolk County 20-year-old'sdeath, allegedly from ephedra consumption. Since the initiative passed, Cooperhas received a call from another Suffolk County resident whose wife had died,also allegedly from ephedra. He said the medical examiner did not rule the youngman's death was caused by ephedra; however, the only product found in his systemat time of death was an ephedra-containing supplement. Cooper said his billbanning the sale of ephedra to minors did not have as far a reach as he wouldhave liked, and that is why he pressed forward with this bill. "Itobviously didn't go far enough since the 20-year-old and this other woman I justlearned about obviously weren't minors," he said.

The county executive had 30 days from when the initiative waspassed to officially sign the bill into law. Once it becomes law, the bill goesinto effect 30 days afterward. Because Cooper recognizes not all retailers willbe aware of the new law, retailers will receive a warning for their firstviolation; for each subsequent violation, retailers will be fined $5,000.

Cooper told INSIDER he had no idea how many dietarysupplement companies were in Suffolk County until he introduced his bill. Thesecompanies include NBTY Inc., makers of Nature's Bounty supplements; Twinlab,which recently discontinued ephedra supplements due to "impendingregulations;" and Wellness International, a supplement distributor. Thebill, however, does not affect ephedra production in the county.

According to Washington-based Ephedra Education Council (EEC) (www.ephedrafacts.com),the numerous safety studies behind ephedra supplements do not support the needfor this ban. "Preventing local retail store owners from selling these safeand beneficial supplements will only hurt Suffolk County's economy," saidWes Siegner, general counsel of EEC. "Residents will still have readyaccess to ephedra products over the Internet and in neighboring counties to helpthose who cannot lose weight and stay healthy by diet and exercise alone."

The only way to overturn this ban, according to Cooper, would beto file an Article 78 motion with the New York state appellate court that wouldargue Suffolk county did not have the jurisdiction to enact this ban and onlyNew York state does. Cooper feels confident the bill remains safe from beingoverturned. "When my cell phone bill passed a few years back, there was thesame threat [of someone filing a motion against it]," he said. "Whencell phone manufacturers were talking about filing an Article 78, the issuebecame moot because, within a month, another county had passed the same ban,followed by other counties and, ultimately, New York state."

In the Feb. 14 Congressional Record, U.S. Sen. DickDurbin (D-Ill.) addressed this momentous decision. "[Suffolk County] took ahistoric step to protect [its] residents from harm, even the dangerous anddeadly harm of dietary supplements," he said. "Since last August, Ihave repeatedly called on Sec. Tommy Thompson, and I renew the call today, toban ephedra products in the United States."

Orioles Pitcher's Death Linked to Ephedra:
click here.