Do the regulations regarding ephedrine apply to ephedra or ma huang when marketed as dietary supplements?

The correct understanding is that the regulations regarding ephedrine do not apply to ephedra or ma huang when they are marketed as dietary supplements. This exemption stems from the regulatory framework established by the Dietary Supplement Health and Education Act (DSHEA) of 1994, which governs dietary supplements and distinguishes them from conventional drugs.

Under DSHEA, dietary supplements are defined and regulated differently than drugs, allowing more freedom in the marketing and distribution of herbal products like ephedra. While there have been safety concerns related to ephedra (or ma huang) due to its stimulant properties and associated health risks, the regulatory bodies have permitted its market presence under specific labeling and health claims conditions, rather than categorizing it directly as a drug subject to the same stringent regulations applied to substances containing ephedrine, which has been tightly controlled due to its potential for misuse and health risks.

While states may have their own additional regulations concerning these supplements, the broad strokes of federal law suggest that, as dietary supplements, ephedra or ma huang remain outside the regulatory purview established for ephedrine.