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Clinton Sponcered Ma Huang bill?

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I can answer my own question. Ma Huang was banned in 2004 from being

used in diet supplements. That was Dick Durbins deal. The State of

New York (2007) wants to ban ephedra in supplements and encourage the

FDA to force manufacturers to prove effectiveness and adverse reactions

of proudcts containing it. I haven't found the " smoking " Hillary

connection, but who cares? New studies have found no connection

between ephedra use and cardiac difficulties.

 

The FDA has the power here, not the New York Senate. And so far the

FDA is on our side!

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Here is a bit more information as I currently

understand it:

 

Clinton and Schumer were 2 of the 4 co-sponsors of

Senator Durbin’s 2003 (pre-ban) S. 722, which would

have, among other details, established a premarket

approval rule for stimulants (assumed to be intended

to include any herb containing caffeine, ephedrine,

synephrine, etc.). McCain was one of the other 2!

 

But, the actual ban on ma huang (in fact on ephedrine

alkaloids) from dietary supplements was completed by

FDA under its authority derived from DSHEA, and not by

new legislation.

 

 

You can read all about it at:

http://thomas.loc.gov/cgi-bin/query/z?c108:S.722: (if

that link does not work, go to

http://thomas.loc.gov/bss/d108query.html and search

for “Bill No.” and “S. 722.”

 

Marnae

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  • 2 weeks later...
Guest guest

but ma huang is still available for purchase at Chinese pharmacies in

New York, at least in New York City.

 

--RoseAnne

 

 

 

On Apr 15, 2008, at 6:33 PM, marnae ergil wrote:

 

> Here is a bit more information as I currently

> understand it:

>

> Clinton and Schumer were 2 of the 4 co-sponsors of

> Senator Durbin’s 2003 (pre-ban) S. 722, which would

> have, among other details, established a premarket

> approval rule for stimulants (assumed to be intended

> to include any herb containing caffeine, ephedrine,

> synephrine, etc.). McCain was one of the other 2!

>

> But, the actual ban on ma huang (in fact on ephedrine

> alkaloids) from dietary supplements was completed by

> FDA under its authority derived from DSHEA, and not by

> new legislation.

>

>

> You can read all about it at:

> http://thomas.loc.gov/cgi-bin/query/z?c108:S.722: (if

> that link does not work, go to

> http://thomas.loc.gov/bss/d108query.html and search

> for “Bill No.” and “S. 722.”

>

> Marnae

>

> ---

>

> Subscribe to the free online journal for TCM at

> Times http://www.chinesemedicinetimes.com

>

> Help build the world's largest online encyclopedia for Chinese

> medicine and acupuncture, click, http://

> www.chinesemedicinetimes.com/wiki/CMTpedia

>

> http://

> and adjust

> accordingly.

>

> Messages are the property of the author. Any duplication outside

> the group requires prior permission from the author.

>

> Please consider the environment and only print this message if

> absolutely necessary.

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my understanding is that the ephedra ban was not intended for acupuncturists

(due to lobbying by the then AAOM). meaning we can still prescribe it. the

problem is the herbal companies are not allowed to import it. according to

laura thorne of golden needle, the fda came up with a waiver that the

chinese herbal companies could apply for in order to import ma huang. they

all have, but the fda is not processing the applications.

 

kath b

 

On Fri, Apr 25, 2008 at 6:44 PM, RoseAnne Spradlin <ra6151 wrote:

 

> but ma huang is still available for purchase at Chinese pharmacies in

> New York, at least in New York City.

>

> --RoseAnne

>

>

>

> On Apr 15, 2008, at 6:33 PM, marnae ergil wrote:

>

> > Here is a bit more information as I currently

> > understand it:

> >

> > Clinton and Schumer were 2 of the 4 co-sponsors of

> > Senator Durbin's 2003 (pre-ban) S. 722, which would

> > have, among other details, established a premarket

> > approval rule for stimulants (assumed to be intended

> > to include any herb containing caffeine, ephedrine,

> > synephrine, etc.). McCain was one of the other 2!

> >

> > But, the actual ban on ma huang (in fact on ephedrine

> > alkaloids) from dietary supplements was completed by

> > FDA under its authority derived from DSHEA, and not by

> > new legislation.

> >

> >

> > You can read all about it at:

> > http://thomas.loc.gov/cgi-bin/query/z?c108:S.722: (if

> > that link does not work, go to

> > http://thomas.loc.gov/bss/d108query.html and search

> > for " Bill No. " and " S. 722. "

> >

> > Marnae

> >

> > ---

> >

> > Subscribe to the free online journal for TCM at

> > Times http://www.chinesemedicinetimes.com

> >

> > Help build the world's largest online encyclopedia for Chinese

> > medicine and acupuncture, click, http://

> > www.chinesemedicinetimes.com/wiki/CMTpedia

> >

> > http://

> > and adjust

> > accordingly.

> >

> > Messages are the property of the author. Any duplication outside

> > the group requires prior permission from the author.

> >

> > Please consider the environment and only print this message if

> > absolutely necessary.

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Kath,

 

The root of the problem here (in my view, anyway) is that FDA lacks

much of the legal authority and regulatory mechanisms needed to

implement a partial ban as they have attempted to do with ma huang.

The tools available to them are crude and ill-suited to regulating

our materia medica. If something is deemed too dangerous, they have

few options available outside of an absolute ban. Yes, FDA has said,

that the ban " does not affect the use of Ephedra preparations in

traditional Asian medicine..., " but their authority to (and certainly

their ability to) implement this partial ban is questionable. So we

find ourselves with very inconsistent applications of the final rule.

 

The complexity is compounded by inconsistencies and poor

communication across government agencies. For the most part, I

understand that botanicals containing ephedrine alkaloids are simply

being held by US Customs at the port of entry. Customs generally has

no way to know who will be using these products or how, so they tend

to block entry as a default.

 

I think we clearly need a more nuanced regulatory model along the

lines of what has been developed by the Traditional Medicines

Congress. But this proposal has met with a wall of opposition from

the health freedom movement who generally hold that access to herbs

should be unfettered by regulation. While I would agree with them to

the extent that I believe we each have a fundamental right to decide

what we do/don't ingest, I think that some herbal products--when

commodified (and especially when highly processed)--pose a

significant enough danger that there needs to be some measure of

accountability by those who dispense them.

 

--Bill.

 

--

Bill Mosca, LAc

San Francisco CA

mosca

 

 

On Apr 25, 2008, at 7:01 PM, wrote:

 

> my understanding is that the ephedra ban was not intended for

> acupuncturists

> (due to lobbying by the then AAOM). meaning we can still prescribe

> it. the

> problem is the herbal companies are not allowed to import it.

> according to

> laura thorne of golden needle, the fda came up with a waiver that the

> chinese herbal companies could apply for in order to import ma

> huang. they

> all have, but the fda is not processing the applications.

 

 

 

 

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bill:

 

i agree with all of your points here, esp. that medicinal herbs should be

dispensed my qualified (nccaom cert. for chinese herbs) health prof for

public safety.

 

as far as the fda partial ban: yes one of the fda biggest problems is

that under funded/staffed to complete its mission of protecting public

health/safety in the us.

 

right now, customs is blocking the shipments and because the fda has not

processed the chinese herb co's waivers, the herb co's can't get the herbs

through.

 

kath

 

On Mon, Apr 28, 2008 at 3:16 PM, Bill Mosca <mosca wrote:

 

> Kath,

>

> The root of the problem here (in my view, anyway) is that FDA lacks

> much of the legal authority and regulatory mechanisms needed to

> implement a partial ban as they have attempted to do with ma huang.

> The tools available to them are crude and ill-suited to regulating

> our materia medica. If something is deemed too dangerous, they have

> few options available outside of an absolute ban. Yes, FDA has said,

> that the ban " does not affect the use of Ephedra preparations in

> traditional Asian medicine..., " but their authority to (and certainly

> their ability to) implement this partial ban is questionable. So we

> find ourselves with very inconsistent applications of the final rule.

>

> The complexity is compounded by inconsistencies and poor

> communication across government agencies. For the most part, I

> understand that botanicals containing ephedrine alkaloids are simply

> being held by US Customs at the port of entry. Customs generally has

> no way to know who will be using these products or how, so they tend

> to block entry as a default.

>

> I think we clearly need a more nuanced regulatory model along the

> lines of what has been developed by the Traditional Medicines

> Congress. But this proposal has met with a wall of opposition from

> the health freedom movement who generally hold that access to herbs

> should be unfettered by regulation. While I would agree with them to

> the extent that I believe we each have a fundamental right to decide

> what we do/don't ingest, I think that some herbal products--when

> commodified (and especially when highly processed)--pose a

> significant enough danger that there needs to be some measure of

> accountability by those who dispense them.

>

> --Bill.

>

> --

> Bill Mosca, LAc

> San Francisco CA

> mosca <mosca%40wetmoon.com>

>

> On Apr 25, 2008, at 7:01 PM, wrote:

>

> > my understanding is that the ephedra ban was not intended for

> > acupuncturists

> > (due to lobbying by the then AAOM). meaning we can still prescribe

> > it. the

> > problem is the herbal companies are not allowed to import it.

> > according to

> > laura thorne of golden needle, the fda came up with a waiver that the

> > chinese herbal companies could apply for in order to import ma

> > huang. they

> > all have, but the fda is not processing the applications.

>

>

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