Nutraceutical sold a dietary supplement containing ephedrine, a

Nutraceutical sold a dietary supplement containing ephedrine, a substance the FDA classified as a drug. The FDA said that because the dietary supplement contained the substance, the supplement would be treated as a drug and, therefore, subject to the strict requirements of drugs. Nutraceutical countered that since the product was a dietary supplement, the FDA could not impose such strict rules. Which position do you think prevailed? [Neutraceutical Corp. v. Von Eschenbach, 459 F.3d 1033, 10th Circuit (2006)]

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