EXHIBIT 5.1 PAUL, HASTINGS, JANOFSKY & WALKER LLP 555 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90071-2371 TELEPHONE (213) 683-6000 FACSIMILE (213) 627-0705 October , 1998 Advanced Nutraceuticals, Inc. 2715 Bissonet, Suite 305 Houston, Texas 77005 Ladies and Gentlemen: We are furnishing this opinion of counsel to Advanced Nutraceuticals, Inc., a Delaware corporation (the "Company"), for filing as Exhibit 5 to the Registration Statement on Form S-1 (the "Registration Statement") to be filed by the Company with the Securities and Exchange Commission under the Securities Act of 1933, as amended, relating to the sale of up to shares of the Company's Common Stock, par value $.001 per share (the "Shares"). We have examined the Certificate of Incorporation and Bylaws, each as amended to date, of the Company, and the originals, or copies certified or otherwise identified, of records of corporate action of the Company as furnished to us by the Company, certificates of public officials and of representatives of the Company, and such other instruments and documents as we deemed necessary, as a basis for the opinions hereinafter expressed. In such examination we have assumed the genuineness of all signatures, the authenticity of all corporate records and other documents submitted to us and the conformity to original documents submitted to us as certified or photostatic copies. Based upon our examination as aforesaid, and in reliance upon our examination of such questions of law as we deem relevant under the circumstances, we are of the opinion that the Shares, when purchased as described in the Registration Statement, will be validly issued, fully paid and nonassessable. We express no opinion with respect to the applicability or effect of the laws of any jurisdiction other than the Delaware General Corporation Law as in effect on the date hereof. We hereby consent to the filing of this opinion of counsel as Exhibit 5 to the Registration Statement. Very truly yours, DRAFT