Maintenance Phase

The Diet Crimes of Metabolife

February 12, 2026

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  • The rise of Metabolife was facilitated by the 1994 Dietary Supplement Health and Education Act (DSHEA), which reclassified supplements as food and exempted them from FDA pre-market safety approval, allowing for near-complete deregulation. 
  • Metabolife's active ingredient, Mahuang (ephedra), contains ephedrine, a compound chemically related to methamphetamine, which was known to cause severe adverse effects including cardiac events, strokes, and death, yet it was marketed as a natural weight loss aid. 
  • Metabolife co-founder Michael Ellis had a prior history involving renting a house to hire a meth cook, and the company aggressively used litigation and public relations tactics, including hiring Mel Gibson for an ad, to defend itself against negative media and regulatory scrutiny. 

Segments

Introduction to Metabolife
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(00:00:12)
  • Key Takeaway: Metabolife 356 was a popular diet supplement from the late 90s/Y2K era whose name was humorously questioned for using ‘356’ instead of 365 days.
  • Summary: The episode introduces Metabolife 356, a diet supplement from the late 1990s and early 2000s. The hosts note the irony of the name ‘356’ days, which was reportedly the number assigned during formulation or the founder’s name, not related to days in a year. The context is set against the backdrop of the growing wellness industry following the passage of DSHEA.
DSHEA and Supplement Deregulation
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(00:05:15)
  • Key Takeaway: The Dietary Supplement Health and Education Act (DSHEA) of 1994 functionally deregulated the supplement industry by classifying supplements as food, meaning manufacturers do not have to prove safety before marketing ingredients.
  • Summary: DSHEA was lobbied for by the supplement industry, including major contributors like Herbalife, to exempt supplements from FDA drug approval processes. The law only allows the FDA to restrict an ingredient if it poses a ‘significant and unreasonable risk’ when used as instructed. This regulatory environment meant consumers could not trust that ingredients were safe, potent, or even present as labeled.
Founders’ Criminal Backgrounds
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(00:09:38)
  • Key Takeaway: Metabolife co-founder Michael Ellis was a former police officer who shot and permanently disabled a suspect before being charged and pleading guilty to renting a house to hire a meth cook with his future co-founder.
  • Summary: Michael Ellis’s background includes being a police officer and later attempting to manufacture methamphetamine, leading to a felony conviction for which he received probation while his partner served prison time. Upon release, Ellis began marketing Metabolife, initially as a bodybuilding supplement before pivoting to weight loss. Ellis claimed he developed the formula to help his father with cancer fatigue, despite having no apparent chemistry background.
Ephedra: The Active Ingredient
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(00:15:50)
  • Key Takeaway: Metabolife’s primary active ingredient, Mahuang concentrate, is ephedra, which contains ephedrine and pseudoephedrine—the same compounds used in cold medicine and as a precursor for methamphetamine.
  • Summary: Ephedra, historically used in Chinese medicine for colds, was marketed by Metabolife as an appetite suppressant, combined with caffeine (guarana concentrate). Ephedrine constricts blood vessels and speeds up the heart, leading to risks like hypertension, cardiac events, and psychosis, in addition to being a precursor for illegal drug manufacturing.
Early Adverse Reactions and Lawsuits
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(00:28:08)
  • Key Takeaway: Within two years of Metabolife’s 1995 launch, adverse reaction reports surged, leading to 35 reported deaths by 1999, yet the FDA initially delayed action while the company aggressively sued media outlets for defamation.
  • Summary: Despite the FDA issuing warnings by late 1997, Metabolife sales continued to grow, fueled by the removal of Fenfen from the market. Co-founder Michael Ellis reacted to negative press by filing defamation lawsuits and bizarrely prepared for depositions by consuming dip and Metabolife pills. The company also attempted to discredit a Columbia University researcher who stated their product was not definitively proven safe.
IRS Raid and Founder’s Downfall
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(00:43:45)
  • Key Takeaway: A criminal investigation by the DOJ and an IRS raid on Ellis’s home, where agents allegedly found a million dollars in cash and illegal firearms, led to Ellis serving six months for lying to the FDA, while the company was fined only $600,000 for concealing $93 million in taxes.
  • Summary: The IRS raid uncovered significant financial and legal violations, including Ellis allegedly possessing guns despite a prior felony conviction and hiding substantial cash, which he blamed on his wife. The company accountant died by suicide after admitting to cooking the books, yet the resulting fines for tax evasion were minimal compared to the scale of the fraud. Ellis’s book about the ordeal was initially titled ‘The Rape of Cinderella,’ reflecting his victim narrative.
Ephedra Ban and Aftermath
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(00:51:28)
  • Key Takeaway: The death of 23-year-old Baltimore Orioles pitcher Steve Belcher in 2003 spurred public outcry, leading to the FDA banning ephedra products in December 2003, despite ephedra accounting for only 5% of supplement sales but 45% of adverse events.
  • Summary: Belcher’s death, alongside other athlete incidents, shifted media focus from regulatory accountability to sports coverage, significantly impacting sales which dropped by over 50% in 2003. Following the ephedra ban, Congress included restrictions on pseudoephedrine sales (due to meth production) within the Patriot Act. Metabolife reformulated its product, but the underlying deregulatory system created by DSHEA remains in place.