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Busted! Legal Q&A Jan 2004

MikeS

Registered User
Dec 6, 2016
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What is "Androstenediol"?

Question: Has androstenediol just become a controlled substance in California?

Answer: Supplement companies and consumers are buzzing over the rumor that California has passed a new law criminalizing prohormones. Well, there is something to be worried about, maybe even outside California. But the problem isn't a new law; it's a controversial interpretation of an old law.

A Supervising Deputy Attorney General (AG) in Oakland announced that he is construing a section of California law in a manner that would make the products of a variety of nutrition companies illegal. The debate centers around the meaning of the word "androstenediol," which has been designated for many years as an anabolic steroid on the California Schedule III list of controlled substances [Health & Saf. Code § 11056(f)(2)]. First-time unlawful possession of "androstenediol" in California is a misdemeanor; sale is a felony. But the critical issue is this: Exactly what is meant in the law by the word "androstenediol"?

According to the Merck Index, an encyclopedia of chemicals, the term refers only to the substance 5-androstene-3beta,17beta-diol (commonly called "5-AD," or the "5"- isomer). The current edition of the Merck Index and the editions in print at the time the law was drafted list the "5"- isomer as an anabolic steroid. But what about other variations or "isomers" of the substance?

Chemists say that at least 15 other isomers of androstenediol are chemically possible. These isomers vary widely in pharmacological properties and the majority of them are not anabolic. None of them are mentioned in the Merck Index entry on androstenediol. Additionally, at the time the law was drafted, there simply was no commercial production and marketing of other isomers, such as 5alpha-androst-1-en-3beta,17beta-diol (1-AD) or 4-androstene-3beta,17beta-diol (4-AD). It therefore seems quite reasonable that the law was intended to address only the "5"- isomer, the known anabolic substance. However, the California Deputy AG has apparently decided that the term "androstenediol" now refers to all theoretically possible isomers.

Of course, this is a surprise to many in the dietary supplement business. Before marketing prohormone products containing 1-AD and 4-AD to the sports performance and anti-aging communities, the supplement industry sought expert scientific opinions. They were advised that the California law only reasonably applied to the "5"- isomer. Further, they noted that unlike the federal statute, the California statute does not mention isomers of anabolic steroids as being controlled substances. Based on these understandings, products containing 1-AD and 4-AD have been marketed and sold in California and throughout America by many responsible and trusted names in the vitamin supplement industry for over five years.

The Deputy AG has written cautionary letters to some companies advising them that they are violating the law. At the time of this writing, it's not known if more letters will follow, or if an enforcement action is being contemplated. At least one company has already pulled its products from California, mostly to avoid the prospect of expensive litigation. Others are holding off until the issue can be clarified. Some companies are contemplating judicial intervention. The latest news on the topic will be posted on the News Forum at ‰c‹Æ’S“–‚Ì�l•¿ | “ŠŽ‘‚Ì‚½‚ß‚Ì•s“®ŽY.

Meanwhile, industry folks and thousands of consumers are left in the difficult position of wondering if they are in violation of criminal laws. Could health-conscious California consumers face prosecution as possessors? Could responsible supplement retailers be arrested as traffickers? What sort of further notice from the AG is required- if any? Finally, does the AG's characterization of these products as anabolic steroids within California reflect upon the products- and those who consume them- outside the state? Perhaps California's new Governor-Elect- a longtime supporter of nutritional supplements and the health and fitness industry- will exercise his executive authority as soon as possible and help to terminate the confusion!