The ongoing battle between Jared Wheat of Hi-Tech Pharmaceuticals and the FDA on whether or not DMAA should be considered a dietary supplement reached a resolution...for the time being. The case was heard by the 11th Circuit Appeals Court. Their job was to determine whether or not DMAA met the definition of a dietary supplement as set forth by The Dietary Supplement Health and Education Act of 1994.
A court ruling on August 30th, 2019 affirmed that DMAA is not considered a dietary supplement:
XI. Conclusion
DMAA is not an “herb or other botanical.” It is not a “constituent” of an herb or other botanical. And it is not generally recognized by qualified experts, as adequately shown through scientific procedures, to be safe under the conditions of its intended use. The district court properly so ruled. The decision is
AFFIRMED.
Click here to read the full court's decision.
It appears this battle is not over. Jared Wheat made the following comments:
No we are going to see an en banc rehearing as we believe Judge Jordan dissent was the correct interpretation. Judge Hinkle will not be part of an en banc ruling as he was sitting by designation due to the 11th circuit being short judges. There are 12 active judges and we will start 1 versus 1. Tjolflat is also retiring and may not be in the en banc decision as he is going to be 90 in December.
The decision by the 11th Circuit Appeals Court was made by Judge Jordan.
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Fitness Informant's POV
There are a lot of people within and outside the sports nutrition industry that are rooting for Jared Wheat in this case. Most of those people are for the general population using whatever they want. It is hard to tell whether or not DMAA truly meets the definition of a dietary supplement.
It's been said you would need a whole field of Geraniums to make DMAA...but then again it could come from the spray they use on the geraniums that gives us that amount of DMAA.
At some point I think Jared needs to put away the check book. Most of the industry has moved on from DMAA and away from gray market ingredients. It allows the truly innovative companies to put their stake in the sand.
Do I miss DMAA? No, I do not. I wasn't a big fan of it. It is also extremely vasoconstrictive which is the complete opposite of what you want in a performance powder.
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