No kidding, apparently the FDA did not follow the rules when thay banned ephedra which say that the FDA must prove the drug to be dangerous, not the supplement companies proving that its safe.
Since the attack on ephedra a few years ago, coupled with lots of lawsuits and bad press, the FDA decided to ban all supplement ephedra sales about a year and a half ago. In some states (like New York and California), it was a little more. So you can imagine the surprise that hit the airwaves on Thursday, April 14, 2005, when a federal judge struck down the FDA ban on supplements containing ephedra. A company called Nutraceutical had claimed that ephedra has been used for hundreds of years by people, and that the FDA overstepped its bounds when they regulated it as a drug, but not as a good. Judge Tena Campbell said that the FDA did not follow the rules, which says that the FDA has to prove that the dietary supplement is harmful, and not that the manufacturer has to prove that it is safe. That is required with a drug, but not with a supplement.