J.C. Romero Sues GNC, Vitamin Shoppe, Ergopharm and Proviant Technologies
To recap the story: Phillies pitcher J.C. Romero was suspended in January for testing positive for androstenedione, a banned prohormone, last season. He insisted he wasn’t trying to cheat: the positive test was due to an OTC bodybuilding supp, 6-OXO Extreme, which he believed was ok to take. Romero is now suing the stores he purchased it from (GNC and Vitamin Shoppe), as well as the manufacturer(s) (Ergopharm and its parent company, Proviant Technologies).
Suspended Phillies reliever J.C. Romero is suing the makers and distributors of nutritional supplements that he says are responsible for his positive steroid test last August.
The 27-page lawsuit, filed Monday in New Jersey Superior Court in Camden County, blames the product 6-OXO Extreme for traces of androstenedione found in the pitcher’s urine on Aug. 26, 2008.
The numerous counts in the lawsuit include negligence, intentional misrepresentation and consumer fraud. The four defendants named are GNC, Vitamin Shoppe, Ergopharm and Proviant Technologies.
Proviant denies any responsibility for Romero’s situation. In an e-mail sent to news outlets, the company pointed out that each bottle of 6-OXO Extreme carries a clear warning label. In addition, the company noted that Romero never checked to see if the supplement was on Major League Baseball’s certified list before taking it (it’s not).
I don’t doubt that this one will be in the courts for a long time, but I’ll be interested to see how it (eventually) plays out. One of the common themes I’m seeing in the press reports, is mention of Proviant owner/founder Pat Arnold’s 2006 BALCO conviction. Although it’s left unsaid, the implication is that there’s something sinister about the supp in question…that perhaps it was spiked with Andro? The fact that the DEA raided Ergopharm back in January* lends some credence to this, although there’s no further information to go on.
Personally, I’m disinclined to believe it, since it’s already known that 6-OXO itself causes a “false positive” test for androstenedione; and b) androstenedione isn’t very impressive stuff to begin with – what would be the point of adding it?
Guess we’ll see how it all plays out…
*h/t to Anthony Roberts
