Dunno what to think about this one.
CNN.com - Utah judge strikes down FDA ban on ephedra - Apr 14, 2005
: "The judge ruled in favor of a Utah supplement company that challenged the Food and Drug Administration's ban. Nutraceutical claimed that ephedra 'has been safely consumed' for hundreds of years, and that ephedra was wrongly being regulated by the FDA as a drug and not a food.
Judge Tena Campbell agreed, saying federal law places more restrictive rules on the FDA in determining whether to ban foods as opposed to drugs. The judge said the law requires the FDA to prove that a dietary supplement is harmful, rather than having the manufacturer prove it is safe, as is required with drugs.
Nutraceutical President Bruce Hough said the lawsuit had little to do with ephedra and more to do with forcing the FDA to follow the rules Congress set down for it."