The actual legality of ephedra weight loss products has flip-flopped causing consumers interested in obtaining ephedra diet pills to be at the mercy of marketers. Some marketers were telling consumers ephedra products were illegal and then pushed another "ephedra-like" product with promises of results "just like ephedra based diet pills".

The reason for the confusion stems back to the year 2004 when the FDA declared ephedra used in products for weight loss, energy, etc. to be considered adulterated, harmful to the public and illegal to sell.

Early in 2005 a company by the name of Nutraceutical Corporation challenged the legality of the ban and a Utah judge ruled in favor of Nutraceutical Corporation. The legal challenge related to the fact that the FDA had not shown that products with 10 mg or less of ephedra alkaloids were dangerous. (Most ephedra products before the ephedra ban used 20-25 mg of ephedra alkaloids.)

So during 2005 and 2006 companies jumped back on the band wagon and started selling the popular weight loss products with 10 mg of ephedra. But during this time the FDA's official line was ephedra products were dangerous and illegal.

In fact, the FDA used U.S. marshalls to raid several companies and siezed large quantities of weight loss products that contained ephedra.

Then in August of 2006 a ruling by the 10th U.S. Court of Appeals upheld the FDA's ban on all ephedra products. The marketing of ephedra in the U.S. is considered illegal and subject to disciplinary action by the FDA.

But Wait! We are not quite done yet.

The same company, Nutraceutical Corporation, in October 2006 has issued another challenge and has filed a petition for rehearing in front of the entire 10th circuit of the US Court of Appeals saying the FDA's assessment of “unreasonable risk” is too rigid and gives the agency license to declare any dietary ingredient adulterated.

As of right now ephedra weight loss pills are considered illegal by the U.S. government.

That could change but seems unlikely due to the fact that Congress is rewriting the laws. The newly worded laws will make it easier for the FDA to take action and ban substances they deem harmful to the general public.

Millions of people used ephedra to help lose weight for years while it was on the market.

The reason so many people continued to use it over and over was because they thought the herb to be effective at helping them to lose weight.

If it had not show results it would have vanished from the market. But millions of people continued to search for it even while it was illegal and they are still searching for it today.