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Durbin and Waxman renew call for Bush administration to ban ephedra     Send a link to a friend

Letter cites bans on ephedra in California, Illinois and New York
and removal of ephedra from shelves of major drug and discount stores

[OCT. 21, 2003]  WASHINGTON, D.C. -- Two of Congress' leading critics of the dietary supplement ephedra, U.S. Sen. Dick Durbin, D-Ill., and U.S. Rep. Henry Waxman, D-Calif., renewed their call on the Bush administration to take immediate action to protect the public from the threat posed by ephedra-containing dietary supplements. Durbin and Waxman's comments came on the heels of California imposing a ban on the sale of over-the-counter ephedra pills last week.

In a letter to U.S. Secretary of Health Tommy Thompson, the two lawmakers wrote: "Now, three of the most populous states in the nation -- representing 65 million people -- and scores of counties and cities have acted to protect their citizens from this dangerous product . . . Mr. Secretary, how many states will have to enact legislation and how many stores will have to pull this product before you use your authority to ban ephedra and protect the rest of America?" This is the eighth letter Durbin has written to Thompson since August 2002 urging him to take meaningful action and suspend sales of the ephedra until it can be proven to be safe.

When the new law goes into effect on Jan. 1, 2004, California will become the third state in the nation to ban the drug. Illinois and New York have also prohibited ephedra from being sold within their borders.

Durbin and Waxman also noted that as of Sept. 1 many of the nation's largest drug store and discount store chains -- Walgreens, CVS, Eckerd, Rite Aid and Wal-Mart, collectively representing more than 17,300 stores nationwide -- have pulled all ephedra-containing dietary supplements from their shelves. GNC, the largest specialty retailer of nutritional supplements in the country, which has 5,300 stores nationwide, pulled ephedra off its shelves in June.

"So far, we have seen a singular unwillingness on the part of the Bush administration to act to protect American consumers from this product, and I just can't understand it. We have overwhelming evidence that this drug is dangerous -- we have FDA reports that link ephedra to more than 117 deaths and 18,000 incidents of heart attacks, high blood pressure and stroke; we have states telling manufacturers to peddle their pills elsewhere; we have major drug stores and discount stores pulling this product off their shelves. What more does it take? What has to happen before this administration does the right thing and stands up to the ephedra lobby?"

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Text of letter:

October 20, 2003

The Honorable Tommy Thompson

Secretary

Department of Health and Human Services

200 Independence Ave., S.W.

Washington, D.C. 20201

Dear Secretary Thompson:

This week, California became the third state to enact a ban on the sale of dietary supplements containing the potent stimulant ephedra, following Illinois and New York. Now, three of the most populous states in the nation -- representing 65 million people -- and scores of counties and cities have acted to protect their citizens from this dangerous product.

Not only have a growing number of states and local governments acknowledged the danger ephedra poses to the public, but our nation's largest drugstores have acted to protect their customers as well. As of September 1, 2003, Walgreens, CVS, Eckerd, Rite Aid, and Walmart, collectively representing more than 17,300 stores nationwide, have pulled all ephedra-containing dietary supplements from their shelves.

GNC, the largest specialty retailer of nutritional supplements in the country, which has 5,300 stores nationwide, pulled ephedra off its shelves in June.

Mr. Secretary, how many states will have to enact legislation and how many stores will have to pull this product before you use your authority to ban ephedra and protect the rest of America?

On March 5, 2003, the FDA reopened the comment period on the proposed rule on dietary supplements containing ephedrine alkaloids. Since that time, your Department has been absolutely silent on the issue.

Waiting any longer before taking action is unnecessary and will prolong the public's exposure to this dangerous product. We repeat our call to take immediate action on this issue.

Sincerely,

Richard J. Durbin

Ranking Member

Senate Subcommittee on Oversight of Government, Management, Federal Workforce & the District of Columbia

Henry Waxman

Ranking Member

House Committee on Government Reform

[News release]

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