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28 Cap. U. L. Rev. 617 (1999-2000)
Mark McGwire Does It, So Why Can't I - High School Student Use of Dietary Supplements and the Failure of DSHEA

handle is hein.journals/capulr28 and id is 627 raw text is: MARK MCGWIRE DOES IT, SO WHY CAN'T I? HIGH
SCHOOL STUDENT USE OF DIETARY SUPPLEMENTS
AND THE FAILURE OF DSHEA
I. INTRODUCTION
Rosanna Porras' family was in extreme grief and shock when they
learned of her sudden death.1 They need to make sure what they're
selling is safe. If we could get them to that point, then my daughter's
death, I think I could live with the pain, he said as he wept.2 This was
the reaction of Rosanna's father after burying his high-school-aged
daughter and learning that a dietary supplement may have been
responsible for her death.3  Rosanna was fifteen years old when she
collapsed on the practice field among her fellow high school soccer
teammates.4 She was a popular class president and an outstanding
student, so it came as a shock to her family, teammates, coaches, and
classmates when she suddenly collapsed on the practice field and was
pronounced dead of heart failure at the hospital three days later.5 After
the doctor pumped the remaining contents from Rosanna's stomach, it was
discovered that she had been consuming a dietary supplement called
Ripped Fuel, manufactured and distributed by supplement giant Twinlab
and easily available to Rosanna and her teammates.6   The active
ingredient in Ripped Fuel is ephedrine, which many consider to be the
legal equivalent to the illicit methamphetamine, the substance commonly
mixed and sold with cocaine on the streets.7 While autopsy tests revealed
no conclusive evidence that the supplement caused Rosanna's untimely
and tragic death,8 suspicion that the supplement may have at least
contributed to her death was strong enough to garner the attention of the
Food and Drug Administration (FDA).9
Copyright © 2000, Jeffrey A. Crossman.
I   See Steve Chawkins & Dawn Hobbs, Death of 15-Year-Old Fuels Concern Over
'Energy Pills' Health: Food Supplement is Not Regulated as a Drug Despite its Chemical
Similarity to Methamphetamine, L.A. TiMEs, Apr. 16, 1998, at A3.
2   Id.
3   See id.
4   See id.
5   See id.
6   See id.
7   See id.
8   See Dawn Hobbs & Steve Chawkins, Natural Causes Ruled Out in Death of
Fillmore Girl Inquiry: Coroner Says Heart Damage Apparently Occurred Days Before
Her Collapse, Firm Says Herbal Item Isn't at Fault, L.A. TMES, Apr. 18, 1998, at A 19.
9   See Chawkins & Hobbs, supra note 1.

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