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On August 17, 2006, the 10th U.S. Circuit Court of Appeals in Denver ruled the U.S. Food and Drug Administration correctly followed a mandate from Congress to analyze the risks and benefits of a product; the agency determined that there is no acceptable dosage level of ephedrine-alkaloid dietary supplements.

The FDA banned ephedrine-based supplements as of April 12, 2004, after finding that more than 150 deaths may have been linked to the herb.

The ban was challenged in a lawsuit filed in May 2004 by Nutraceutical Corp. and subsidiary Solaray Inc. They said the type of dried whole-herb ephedra sinica supplement used in their products had been safely used for thousands of years and they asked for a repeal of the nationwide ban or compensation for financial losses.

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