DMAA still available despite FDA’s “ban.”

• In 2013, FDA took enforcement actions that resulted in an effective ban on the marketing of DMAA — a stimulant linked to high blood pressure, cardiovascular problems, and even heart attacks.  In taking action against DMAA, FDA specifically noted that it had not undertaken the “lengthy scientific and legal steps” required by law for the Agency to formally ban a compound in a dietary supplement.  Rather, the Agency relied on Warning Letters and facility visits to stop firms from producing and marketing DMAA.
• Despite FDA’s prior enforcement actions against DMAA, reports indicate that dozens of products containing this controversial ingredient remain available on the market today.
• According to an FDA spokesperson, the Agency is “following up” on the ongoing availability of DMAA in the marketplace.  It remains to be seen whether FDA will take further direct action against the DMAA-containing supplements, perhaps in the form of additional Warning Letters.  The persistent marketing of this controversial substance calls into question the effectiveness of FDA’s “attempted ban,” as compared to formal regulatory action, like the ephedra ban.