J.C. Romero sues supplement manufacturer

[Balta1701]

You're a baseball player who's gotten a steroid suspension and who wants me to believe you're really innocent? Do this. And then actually be able to make an effective case, not like Clemens.

Suspended Philadelphia 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.

[Leonard Zelig]

If that is what happened then it really sucks for him, but I imagine it will be difficult to prove that he didn't take anything else as well.

[Balta1701]

If that is what happened then it really sucks for him, but I imagine it will be difficult to prove that he didn't take anything else as well.

Doesn't really matter...what he ought to have done, and what every MLB player ought to do, is keep 2 or 3 samples sitting around from every bottle they take (they're making at least $400k a year, call it insurance). If you're taking something that should be clean, that you're told is clean, and that you have a bottle displaying ingredients not including any banned substances, and you do test positive, you're going to lose 1/3 of your season's salary, and thus having a sample to have tested could be worth up to several million dollars for you.

[SoxFan562004]

Doesn't really matter...what he ought to have done, and what every MLB player ought to do, is keep 2 or 3 samples sitting around from every bottle they take (they're making at least $400k a year, call it insurance). If you're taking something that should be clean, that you're told is clean, and that you have a bottle displaying ingredients not including any banned substances, and you do test positive, you're going to lose 1/3 of your season's salary, and thus having a sample to have tested could be worth up to several million dollars for you.

it matters somewhat because, while it isn't criminal and the standard is lower for civil, if it goes to a jury trial the defense will argue it. We'll see what type of evidence they may try and present.

 

That's a good idea for athletes to use, they just have to make sure they keep a good chain of evidence logged so it would be allowed in.

[Leonard Zelig]

Doesn't really matter...what he ought to have done, and what every MLB player ought to do, is keep 2 or 3 samples sitting around from every bottle they take (they're making at least $400k a year, call it insurance). If you're taking something that should be clean, that you're told is clean, and that you have a bottle displaying ingredients not including any banned substances, and you do test positive, you're going to lose 1/3 of your season's salary, and thus having a sample to have tested could be worth up to several million dollars for you.

 

How does it not matter? He is accusing them of causing him to fail his test, how can he prove that it was their product and not something else?

[Balta1701]

How does it not matter? He is accusing them of causing him to fail his test, how can he prove that it was their product and not something else?

Actually, what he's probably accusing them of is creating a supplement with an ingredients list that did not include a prohibited substance and which he was personally assured was clean. If he has a sample of the stuff and can have it tested to prove it's contaminated, he wins the case. The only way that proving it was the specific thing that caused the positive test comes in to this matter is in the question of damages.

[knightni]

If you are an MLB player and you buy anything from a store/pharmacy that you are using in training, you should contact MLB immediately to have them give you the "okay" before you even take it.

 

 

Making a million a year doesn't make you smart, I guess.

[Soxfest]

This will go nowhere, Romero is 100% responsible for what goes in his body. All players should check it out before crying the blues!

[NorthSideSox72]

This will go nowhere, Romero is 100% responsible for what goes in his body. All players should check it out before crying the blues!

I think you missed the point - he is saying that he did read the label, and that the substance in the supplement wasn't listed, which made him test positive. I have no clue if that is true or not, but, he apparently did in fact check the ingredients.

 

[Steve9347]

I think you missed the point - he is saying that he did read the label, and that the substance in the supplement wasn't listed, which made him test positive. I have no clue if that is true or not, but, he apparently did in fact check the ingredients.

But he did not call the MLB Hotline, which would have covered his ass. He was lazy, and he put a banned substance in his body.

[Balta1701]

But he did not call the MLB Hotline, which would have covered his ass. He was lazy, and he put a banned substance in his body.

Which is why no one here is saying the MLB did anything wrong.

[Soxfest]

I think you missed the point - he is saying that he did read the label, and that the substance in the supplement wasn't listed, which made him test positive. I have no clue if that is true or not, but, he apparently did in fact check the ingredients.

 

 

I get that but it still comes back to him 100% no excuses!

[ptatc]

I think you missed the point - he is saying that he did read the label, and that the substance in the supplement wasn't listed, which made him test positive. I have no clue if that is true or not, but, he apparently did in fact check the ingredients.

 

Nutritional supplements are not FDA regulated. They do not have to list what is in their product. Most do as a promotional gimmick. There is alot of stuff in the supplements that is not listed. For example, one of the main ingredients in ginseng is alcohol but you won't find it listed in the ingedients.

 

There is a list of MLB approved supplements. The players stray from it at their own risk.

[SoxFan562004]

Nutritional supplements are not FDA regulated. They do not have to list what is in their product. Most do as a promotional gimmick. There is alot of stuff in the supplements that is not listed. For example, one of the main ingredients in ginseng is alcohol but you won't find it listed in the ingedients.

 

There is a list of MLB approved supplements. The players stray from it at their own risk.

It's also pretty well known that those supplements were dirty, it was a risk he took.

[NorthSideSox72]

Now I think everyone else missed MY point. I am the last guy you will see defender juicers. I was only responding to that one post, which seemed to miss the idea of what happened.

 

No doubt he should have called the hotline. Heck, if I were in the position these guys are, I'd just not take anything more than a multi-vitamin, ever. Too risky.

 

[Texsox]

If the substance is in the supplement, I bet he wins his case against the manufacturer.

 

This is very similar to McDonalds losing its case when they were advertising their french fries were fried in 100% veggie oil, and did not list beef extract in their ingredients.