I'm pretty sure Ephedra is still banned. The ban was lifted in April 2005, but reinstated in August of that same year.
If anyone knows differently, please post! I couldn't find anything refuting the ban being in place.
http://www.nutraingredients-usa.com/new ... dra-recall
In April 2005, the ban was successfully challenged by Nutraceutical Corporation, since the 1994 Dietary Supplements Health and Education Act (DSHEA) does not make mention of risk-benefit balance in establishing whether a supplement presents an unreasonable risk. Rather, the FDA drew on the medical devices provisions of the Food Drug and Cosmetics Act, which does state that this is a determining factor.
However, this was then overturned by the federal appeals court decision in August of the same year.
Since then the pendulum has swung back and forth on appeal. The latest came in May last year when the US Court of Appeals rejected the Utah-based firm's challenge to the ban on the grounds that FDA's determination of "unreasonable risk" was itself unreasonable and meant virtually all dietary supplement ingredients stood the risk of being banned.
The court rejected the appeal without comment.