Thursday, October 14, 2004 - Study: Ephedra supplements have dangerous effects
Thursday, June 24, 2004 - JURY awards $7.4 million in ephedra lawsuit Newsweek - New York, NY, USA
Tuesday, December 30, 2003 - Government announces ban on Ephedra
Thursday, March 13, 2003 - Ephedra played part in Bechler's death
Friday, February 28, 2003 FDA plans warning labels for Ephedra
February 25, 2003 9:53 AM Vikings: Stringer's use of Ephedra contributed to death
February 20, 2003 - FDA awaits Ephedra report after baseball player's death
Breaking News: February 18, 2003 3:36 PM - Ephedrine A Factor In Major League Baseball Player's Death

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Ephedra, also known as the Chinese herb Ma Huang, is a potentially deadly diet supplement that is often used as an appetite suppressant. Ephedra is also referred to as Ephedrine when used as an ingredient in other drugs. For example, Ephedrine is used in over-the-counter medications used to treat congestion and asthma. Ephedrine or Ephedra is also present in many illegal recreational drugs. Its chemical structure is similar to Amphetamine and acts as a stimulant for many people.

Diet supplements are not normally regulated by the FDA, but the Food and Drug Administration is now calling for limits on recommended dosages and proposing new consumer notice (labeling) requirements. This is due to the many reports of heart attack, seizure, stokes, hemorrhage, high blood pressure, rapid or irregular heart rate, or death. Ephedrine use can also contribute to psychosis, anxiety and depression.

Several sports organizations have banned Ephedra, including the National Football League and the International Olympic Committee.  Liability and / or responsibility for damage and injury done by this type of drug is assigned by law to anyone with a responsibility for a drug product, if that product causes injury or damage due to a defect. The range of responsibility ranges from the supplier or manufacturer to the seller. The leading producer of Ephedra appetite suppressants is a company called Metabolife. Users of Metabolife have reported serious health problems and dozens of deaths have in recent years.

Metabolife has reported earnings from the sale of Ephedra at $500 million in 1995. In 1999, its revenue from Ephedra was reported at over $1 billion.

Some Products Containing Ephedra

MetaboliteDiet FuelDiet PepDymetradine ExtremeEPH 833 Extreme Ripped Force Herba Fuel herbal Fen-Phen Kwik Burn

LiquiDrenoline Metabolift, MD6 Sinus Clear Thermo Burn Stack Thermogen Thermospeed Thin Tab 100 Vasopro Yellow Jackets

Product liability laws allow liability claims based on negligence, strict liability, or breach of warranty of fitness for a particular purpose. The United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states.

Examples of product liabilities in diet drugs involve defective products, such as drugs appearing on the market with improper labeling, or lack of quality control in the producing of such drugs, as well as products that do not live up to their respective guarantees or warranties. A product is legally considered defective if it was made poorly or sold with flaws. A diet drug may commonly fulfill its purpose as expected but normal use may cause discomfort, injury or even death. A diet drug may also be safe if used carefully, but it may be considered defective if the manufacturer 's information on proper dosage or proper monitoring is unclear, incomplete or incorrect. This misrepresentation concerning the product, if resulting in an injury, may entitle the plaintiff to damages.

Many patients in need of weight reduction, due to other serious and possibly life threatening medical conditions have also been prescribed other drugs which interact with Ephedra in dangerous ways. A majority of patients with Type 2 Diabetes also have hypertension (high blood pressure) and other disorders. Medications for hypertension, Parkinson's Disease, depression - even medications sold over the counter for allergies and colds - have been shown to dangerously increase the medical risks of cardiac problems (including heart failure), liver problems (including extensive damage requiring a transplant of the liver and liver failure), eye damage, inability of blood to clot, bruising, neurological complications and seizures.

Products' liability laws are designed primarily to prevent harm or to compensate a person or property for harm. The harm or injury caused by Ephedra is most often a physical injury and/or financial injury. These laws are generally grouped under the same category as Personal Injury Law, which is tort law.

The law recognizes a civil wrong, known as a tort, as grounds for a lawsuit. Sometimes these wrongs are considered crimes and are punishable by imprisonment, but the primary aim of tort law is to provide relief through compensation to injured parties for the damages they have incurred. Among the types of recoverable damages are loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. This means that a person who has been injured due to a defect in a product or a breach of an expressed or implied warranty may be able to bring a lawsuit against the manufacturer or the seller, or anyone else in between.

Wrongful Death is a very real possibility when unregulated diet drugs, such as Ephedra, are taken improperly or not monitored properly and the end result is death. In these instances the law provides for compensation to the victim's heirs or estate.

Torts occur through negligence, malicious intention or strict liability. Tort law is state law created through state courts and generally use the Restatement of Torts (2nd) as an influential guide. 

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