::EPHEDRA LITIGATION

Dinkes & Schwitzer is investigating claims that the use of dietary products containing ephedra have led to strokes, heart attacks, seizures and death. Products include:

Originating from the Ephedra plant, ephedrine has been touted as a Chinese herb ("ma huang") that can enhance athletic performance and weight loss.

Ephedrine is the active ingredient found in popular diet pills, over-the-counter decongestants, allergy medications, herbal energy boosters and herbal asthma remedies. It speeds up the metabolism having an effect similar to speed.Several organizations have already banned Ephedra and its use including the NFL, the NCAA and the Olympic Committee. General Nutrition Centers (GNC), the nation’s largest nutritional supplements retailer, announced in May 2003 that it would stop selling any products containing ephedra by the end of June 2003. The United States Food and Drug Administration (FDA) is currently taking action to require manufacturers to place warning labels on the front of all products containing ephedra about the risks of heart attack, seizure, stroke and death.

Background

• University of San Francisco and California Poison Control System researchers conducted an in-depth review of and applied a standardized rating system for assessing causation to 140 reports of adverse events involving dietary supplements containing ephedra alkaloids that were submitted to the FDA between June 01, 1997 and March 31, 1999.Of the adverse events reported, 47% involved cardiovascular symptoms, while 18% involved the central nervous system. Hypertension was the single most frequent adverse reaction, followed by tachycardia, stroke and seizures. Ten of the recorded cases resulted in death and 13 produced permanent disability. In total, the FDA has reported over 40 deaths and over 800 serious side effects linked to Ephedrine.
• In November 2002, a jury verdict awarded $4.1 million to four people who claimed they had suffered from strokes or other heart problems due to taking Metabolife.
• On December 30, 2003, the federal government announced that it would seek to ban dietary supplements containing ephedra. Health and Human Services Secretary Tommy Thompson said government scientists had concluded ephedra-based supplements "are simply too risky to be used."
• A nationwide ban on the sale of Ephedra was issued by the FDA and took effect on April 12, 2004. The manufacturer of Stacker 2 and Yellow jackets, NVE Pharmaceuticals, Inc., filed suit in the Federal District Court of New Jersey in a last minute attempt to delay the ban. District Court Judge Pisano denied NVE's application for a restraining order and the FDA was able to enforce its ban.

Since ephedrine is considered an over-the-counter herbal supplement, the FDA does not regulate it. The FDA is seeking to establish a finding that a dietary supplement should be considered altered if it contains 8 milligrams or more of ephedrine alkaloids per serving within a six-hour period or a daily total intake of 24 mg. The request also requires labeling of such supplements to indicate that the product is not to be used for more than seven days.

Contact us if you or a family member may have suffered from injuries associated with ephedrine and would like more information concerning your legal rights.

Put proven injury lawyers on your side. Contact Dinkes & Schwitzer at 1-800-933-1212 for your free legal consultation.