NY Senate Passes Ephedra Ban 28659
July 21, 2003
NY Senate Passes Ephedra Ban
NEW YORKOn June 12, the New York State Senate passed legislationto ban ephedra supplements. The bill (S3294A), sponsored by Sen. Charles J.Fuschillo Jr. (R-Merrick), would not apply to prescription drugs containingephedra. It would also establish a civil penalty of not more than $500 perviolation for ephedra supplement sales.
A local youth was used as an example for why this bill was necessary tosafeguard the health of New York citizens. The cause of 20-year-old PeterSchlendorfs 2001 death, according to the coroner, was cardiac arrhythmiacaused by an herbal supplement containing the drug ephedra.
At a recent public hearing held by New Yorks Senate Consumer ProtectionCommittee, Major League Baseball Commissioner Allan H. Selig said that althoughbanning ephedra was not in his power (rather, it is within the sports unions),he urged the senate to adopt appropriate regulations that would have theeffect of making it more difficult for young people, as well as professionalathletes, to use dangerous products such as ephedra.
Following the New York Senates approval, the bill was sent to the StateAssembly, where it had its third reading as of June 17. The justification forpushing this law, according to the bills language, was because The passageof the Dietary Supplement and Health Education Act (DSHEA) greatly restrictedthe FDAs [Food and Drug Administration] authority over any product labeled asa supplement.
According to New York-based attorney Marc Ullman, this attack on DSHEA is notsurprising. As an industry, we have done an abysmal job of getting the wordout on DSHEA. The trade associations are attempting to, but more calls andletters are needed from industry members to protect this act.
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