The fight over the legality of DMAA as a dietary supplement continues. In an article by Natural Products Insider posted a few days ago, they talked about an appeals court judge that showed skepticism about the initial ruling about products containing #DMAA and the seizure of Products from Hi-Tech Pharmaceuticals.
In the district court, the government argued DMAA wasn’t a botanical, rendering it an unsafe food additive because it wasn’t generally recognized as safe (GRAS). Neiman argued the DMAA studies upon which the government itself relied revealed the presence of DMAA in geraniums. If the appeals court agreed with him, Hinkle asked Neiman, should the government be allowed to prove DMAA was unsafe.
The government should not be afforded such an opportunity because it seized “these materials on the premise that this was not a dietary ingredient,” Neiman responded, affirming in response to a question from Hinkle that the government would simply lose the case. “They did not plead in the alternative that this was unsafe.”
If the government wants to establish DMAA is unsafe, he added, the proper way to do so is through a rulemaking, as when the FDA banned sales of dietary supplements containing ephedra.
From reading the article, apparently the fight is not over just yet. To read the full article click here.