A three judge panel of the Denver federal appeals court has upheld a 2004 FDA rule declaring that dietary supplements containing ephedrine alkaloids (ephedra, or ma huang) cannot be marketed in the United States.

The Food and Drug Administration says the decision supports the agency's findings about the potential risks of ephedra-containing supplements.

Proponents for ephedra products will appeal all the way to the Supreme Court. Their position is that ephedra or Vitamin C, then judged by the FDA's criteria, should both be banned.