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This lawsuit is going to be very interesting.

DOGGCRAPP

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Suspended Phillies reliever J.C. Romero has filed suit against a nutritional supplement manufacturer alleging an unlisted ingredient in one of its products caused him to test positive for a substance banned by Major League Baseball.

Romero, suspended for the first 50 games of the 2009 season, says he tested positive for steroids last August because a supplement he was taking, 6-OXO Extreme, did not specify it included androstenedione, a banned substance.

He filed suit Monday in Camden County, N.J. seeking punitive and compensatory damages.

Romero also named as defendants the corporate owners of two nutritional stores where he purchased 6-OXO Extreme, alleging sales clerks assured him it would not cause a positive test for a banned substance.

-------------------------------------------------------


*****I can not see how this lawsuit could ever be won against Pat. If I remember right the bottle clearly states a warning to this effect. One thing is for sure though....Pat's sales are probably the best they have ever been right about now....LOL
 
Patrick Arnold on the scandal:

Quote

I am not sure who has followed this story but pitcher JC Romero tested positive for a banned substance (reported to be androstenedione) and he blamed my companies product 6-oxo extreme andh e said the product was contaminated with androstenedione. Well, he was only half right. Here is what really happened

the following is official statement from Proviant Technologies (my company)


The media has reported that baseball pitcher J.C. Romero has alleged that his positive test for the banned substance androstenedione is attributable to use of our dietary supplement product, 6-OXO Extreme. Proviant Technologies is immensely proud of our quality control standards and our strict compliance with all applicable laws and regulations. We are confident that our products are untainted by any contaminants.
However, while advances in analytical testing and sensitivity in detection of metabolites have made drug testers more proficient at catching cheaters, the unintended consequence is that a perfectly legal and untainted substance can cause a positive test for a banned or illegal substance. Although little information has been released about the specifics of the alleged positive test, our preliminary investigation of these allegations has uncovered information showing that the main active ingredient in our product (androst-4-ene-3,6,17-trione; also known as 4-Etioallocholen-3,6, 17-Trione) will trigger a false positive for androstenedione.

What is a false positive?

A false positive in doping analysis happens when an athlete’s urine sample is found to contain markers that indicate the ingestion of a banned substance, even though the banned substance itself was never ingested by the athlete. There are many causes of false positives, but in the case of Mr. Romero we believe the false positive is due to a case of “shared metabolites.”
It is important to know that drug testers usually do not look for the presence of the drug itself in urine; rather they look for breakdown products called “metabolites.” In the case of the androstenedione test, we recently learned that the metabolite they screen for is a substance called 6a-OH-androstenedione.
This metabolite happens to also be a major metabolite of the main active ingredient in 6-OXO Extreme (see Detection of androst-4-ene-3,6,17-trione (6-OXO®) and its metabolites in urine by gas chromatography-mass spectrometry in relation to doping analysis;Biomed Chromatogr. 2005 Nov;19(9):689-95). Consequently, it is clearly evident that Mr. Romero received a false positive due to his ingestion of the main active ingredient androst-4-ene-3,6,17-trionewhich was present in the legal supplement 6-OXO Extreme. Mr. Romero’s positive had nothing to do with any alleged “contamination” of the nutritional supplement.
When asked to comment after reviewing the relevant studies, world renowned anti-doping expert Mauro DiPasquale, M.D., said, “It is my opinion that the putative positive drug test for androstenedione was a result of the ingestion of the compound androst-4-ene-3,6,17-trione, which is found in 6-OXO and not a result of the direct ingestion of androstenedione.” He explained that, “In order to generate a positive test for androstenedione, a significant amount of androstenedione would have to be ingested. The trace amounts that would be present as a contaminant would not significantly alter the hormonal profile so as to provide indirect use of androstenedione.”
These findings and comments reinforce our longstanding position that while many dietary supplement products are safe and lawfully marketed, competitive athletes and others subject to urinalysis testing for banned substances should not use them. Not only do both professional and amateur athletic agencies warn athletes to beware of supplements, but our company puts explicit label warnings on each and every bottle of our 6-OXO products. Our labels read, in pertinent part: “Use of this product may be banned by some athletic or government associations (including military).”
Proviant supports Major League Baseball’s anti-doping policy and efforts to keep banned substances out of sports. We will continue to provide explicit warnings on our product labels to prevent responsible athletes from testing positive based on dietary supplement consumption. However, it is the responsibility of athletes who are subject to urinalysis testing to carefully read warning labels and diligently investigate and monitor the substances they ingest, be it food, drugs or dietary supplements, as the list of substances that are banned by various sports organizations is highly expansive and includes many substances which are safe, legal and commonly consumed by non-athletes.
 
I dont know you guys tell me.

If you are making lets say 5 million dollars a year in a drug tested professional sport.....would you take 2 clerks word for it that you arent going to test positive for a drug test even though it says on the label that you just might test positive and its under your own valition and responsibility to "do the right thing" according to the rules you need to abide?

If it was me.....id put a little more leg work into things before i took Nick's and Fred's word for it down at GNC
 
I dont know you guys tell me.

If you are making lets say 5 million dollars a year in a drug tested professional sport.....would you take 2 clerks word for it that you arent going to test positive for a drug test even though it says on the label that you just might test positive and its under your own valition and responsibility to "do the right thing" according to the rules you need to abide?

If it was me.....id put a little more leg work into things before i took Nick's and Fred's word for it down at GNC

Totally agree. They are told by their lawyers to always play dumb. They have to think of every possible excuse in order to clear their name. No one takes responisbility for their actions anymore.
 
I dont know you guys tell me.

If you are making lets say 5 million dollars a year in a drug tested professional sport.....would you take 2 clerks word for it that you arent going to test positive for a drug test even though it says on the label that you just might test positive and its under your own valition and responsibility to "do the right thing" according to the rules you need to abide?

If it was me.....id put a little more leg work into things before i took Nick's and Fred's word for it down at GNC

Ive yet to meet somebody at a gnc/vit shoppe/whatever that knows more about supps then i myself do. Taking their word, especially being a millionare sports athlete no doubt with physical trainers on hand at all times, is totally obsurd.

I would just assume hes going to lose. This is just a case of a guy trying to save face....
 
I dont know you guys tell me.

If you are making lets say 5 million dollars a year in a drug tested professional sport.....would you take 2 clerks word for it that you arent going to test positive for a drug test even though it says on the label that you just might test positive and its under your own valition and responsibility to "do the right thing" according to the rules you need to abide?

If it was me.....id put a little more leg work into things before i took Nick's and Fred's word for it down at GNC


Especially with everything that has gone on...why would you risk millions on some clerks words??
 
I have stopped watching baseball...probably football and nba too once this season is over----this is part of the reason. It's bad enough we have whiner primadonna athletes making ridiculous amounts of money---they take it a step further by trying to cover up using gear by blaming supplement companies; AND this fucker wants to sue the frickn store b/c two clerks told him he woulnd't test positive.

I've pretty much had it with the media and the athletes...simple answer--let the athletes use whatever use whatever they want to us as long as they are doing it legally
 
that warning, does not indicate that it can make you test positive or that it may contain unlisted actives or metabolites that can cause a positive test, just that the product ITSELF may be banned by some organizations. By giving a partial but incorrect warning they may have actually increased their liability.

since that warning implies that if the ingredients are not banned by the organization, one is ok. it certainly can be read that way.
 
i think some supp companies intentionally mislabel their products. if they intentionally mislabeled or there is evidence of gross negligence he should own their company. the owner's response was kind of suspicious too. talking about "it could be contaminated but there woulnd't be much contamination, bla bla bla". his response didn't sit right to me... someone posted a video a couple months back that showed tren-x testing positive for a banned prohormone to nandrolone.
 
.....would you take 2 clerks word for it that you arent going to test positive for a drug test even though it says on the label that you just might test positive and its under your own valition and responsibility to "do the right thing" according to the rules you need to abide?

It doesn't matter, when filing a lawsuit, you name everyone involved. They can be dropped from the lawsuit at a later time, but can't be added, so in the beginning you name everyone....it's a legal strategy.
 
*****I can not see how this lawsuit could ever be won against Pat. If I remember right the bottle clearly states a warning to this effect. One thing is for sure though....Pat's sales are probably the best they have ever been right about now....LOL

Wasn't Pat bought out of the company recently? I'm pretty sure he's not an owner of Ergopharm anymore (don't know if he was the sole owner or what). He sold his ownership due to this mess.
 
Wasn't Pat bought out of the company recently? I'm pretty sure he's not an owner of Ergopharm anymore (don't know if he was the sole owner or what). He sold his ownership due to this mess.

From a legal standpoint,,,this will be a heated debate.
If Ergopharm set themselves up correctly,,,they should be able to avoid serious financial damages.
 
Wasn't Pat bought out of the company recently? I'm pretty sure he's not an owner of Ergopharm anymore (don't know if he was the sole owner or what). He sold his ownership due to this mess.

Interesting, I didn't hear about that. He certainly wasn't the sole owner though; he had at least one long-time business partner.

I've got to admit I'm not PA's biggest fan, but after I heard about the DEA visiting the facilities back in January due to the Romero allegations I felt sorry for the guy.
 
From a legal standpoint,,,this will be a heated debate.
If Ergopharm set themselves up correctly,,,they should be able to avoid serious financial damages.

They've also dealt with similar lawsuits and allegations from athletes in the past and come out of it OK.
 
If the product doesn't contain the banned substance, the mfg should be OK. The thing that sucks is they will have to spend hundreds of thousands defending themselves. Which will make the products they sell cost more for the end consumer. I have no sympathy for professional athletes. They are a bunch of whiny bitches that make millions of dollars, and half them cant get their act together. Look at some of these guys. They have college degrees and can't even speak the english language. And baseball is no longer an American sport.
 
all those players are liars. they won't hesitate to throw some company under the bus if they think it will save their own skin. despicable, they all are. get paid too damn much money and they have no integrity to boot. the sob knows damn well why he tested positive. i've had it with these sissies with no damn backbones. just fuckin' say "yeah, i had a friend stick a needle in my ass every week for the last few months and i knew damn well what it was now give me the consequences of what the league says is supposed to happen." i'm just over all the damn cowards and liars in this world!
 

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