The federal government set a dangerous precedent with its first-ever ban on an herbal supplement. Self-righteous Health and Human Services Secretary Tommy Thompson commented on the ephedra products ban by stating, "They are simply too risky to be used."

Millions of Americans take billions of doses of ephedra products each year, but only 92 deaths were attributed to these products over the past decade. According to a February 2003 RAND study of the Food and Drug Administration's ephedra files, most of the 92 deaths resulted either from exceeding recommended dosages or from existing health conditions such as liver abnormalities, as in the case of Baltimore Orioles' pitcher Steve Bechler. FDA Commissioner Mark McClellan even once admitted, "The overall evidence suggests that serious adverse events from ephedra appear to be infrequent."

In the meantime, the free market regulates itself. The private American Herbal Products Association first drafted ephedra guidelines in March 1994 and regularly updates its data to benefit consumers. Numerous clinical trials have conclusively demonstrated that ephedra products are safe and effective when used as directed. Additionally, nutrition and retail stores like GNC and Wal-Mart voluntarily removed ephedra products from their shelves months ago because of dwindling consumer demand.

As with all substances, ephedra use is not risk-free. Individuals and their doctors have the freedom to weigh the risks and consequences of many treatments, but the federal bureaucracy banned one more health-care option with its recent announcement.