State law bans over-the-counter ephedra sale
By MICHAEL GORMLEY
Associated Press
11/4/2003
ALBANY - Gov. George E. Pataki signed into law Monday a ban on over-the-counter sales of ephedra, an adrenalinelike herbal supplement that has been blamed for the death of a major league ballplayer, a college student and a mother of two.
"Ample evidence shows that these products are far too dangerous when misused, especially when mixed with physical exertion and caffeine," Dr. Antonia Novello, state health commissioner, said in a prepared statement.
The law, effective immediately, includes a fine of up to $500 for each over-the-counter sale of the supplement. Ephedra's prescription sales are not affected.
Manufacturers of ephedra are facing lawsuits and a possible ban by the federal Food and Drug Administration.
The Ephedra Education Council, an industry-funded group, previously said the supplement is safe when used correctly. The group also said there is no clinical study that shows any adverse effect.
In June, the federal government began building a case that could lead to banning ephedra, an herbal stimulant used to lose weight and boost athletic performance that has been linked to scores of deaths, according to the FDA.
A 1994 federal law left dietary supplements largely unregulated. The statute requires the FDA to prove that a dietary supplement is harmful rather than having the manufacturer prove that it is safe, as with drugs. New evidence, however, could change that.
"Across the nation, dietary supplements containing ephedra have been implicated in serious health problems, yet few consumers are aware of the danger," Pataki said Monday. "By banning the sale of most ephedra products in New York state, this important new public safety measure will help to prevent the tragic deaths of young athletes like Steve Bechler."
The herb marketed under brands including Stacker 2, Stacker 3, Ripped Fuel and Xenadrine has been linked to the death of Bechler, a 23-year-old pitcher. He died during spring training in February with the Baltimore Orioles. Bechler died of heat stroke as his body temperature hit 108 degrees, and toxicology tests confirmed that ephedra led to Bechler's heatstroke, along with other factors.
His wife, Kiley, who was seven months' pregnant, is now leading a campaign to ban the herbal supplement.
Douglas Hanson, of Huntington, also blames the death of his wife, Anne, on the supplement five years ago. She died of a massive brain hemorrhage after exercising. They have two children.
Karen Schlendorf, of Northport, blames the herbal supplement for the death of her 20-year-old son, Peter, who was a college junior when he died after taking ephedra seven years ago.
Those families helped pass the bill in the Legislature.
Some counties in New York State already had banned nonprescription sales of ephedra.
The measure was sponsored by Sen. Charles Fuschillo, a Long Island Republican, and Assemblywoman Audrey Pheffer, a Queens Democrat.
In October, California Gov. Gray Davis signed a law that bans the sale of ephedra without a prescription beginning in January. Illinois already banned the sale.