Posted: Monday, April 27, 2009, 3:16 PM | 37 comments |
 

Romero files suit
options
 

 

So J.C. Romero has sued Ergopharm, the company that made his androstenedione-containing supplement, 6-OXO Extreme. He also sued the Vitamin Shoppe and GNC, where he bought the stuff. As most of you know, Romero was suspended 50 games after testing positive (the test occurred on August 26, 2008), though he claims he didn’t know that the supplement contained a banned substance. Only Romero knows if that is true, because none of us was privy to his thoughts when he purchased and repeatedly ingested the andro. He will ultimately lose $1.4 million in salary.

 His statement reads:
"Testing positive and being suspended from baseball was one of the most painful experiences in my life and robbed me of the joy of winning the World Series and damaged my reputation in the process," Romero said in a statement. "I purchased an over-the-counter supplement that I was told and believed would not cause me to test positive. These events have hurt me deeply and placed a cloud over my career, accomplishments and family. It is my hope that I can finally start to put this event behind me and protect the interests of others who rely on manufacturers and retailers to be honest about their products. I look forward to rejoining the Phillies and my teammates at the end of my suspension."
 
Major League Baseball has a hotline that players can call to learn whether their supplements contain anything that would trigger a positive test. Players have said that MLB has not advertised the service well enough. But if Romero had gone out of his way and taken this step (and wouldn’t you be extra diligent in matters that could threaten your livelihood and reputation?) people would not be guessing at his intentions, he wouldn’t have needed to hire a legal team and PR firm and he’d be $1.4 million richer. 

UPDATE: Thanks to the reader who reminded me of this January New York Times story, which provides a helpful summary of the entire situation, and resolves the confusion over whether calling the hotline would have helped.  Near the bottom of the story, MLB's Rob Manfred states clearly that the league would have told Romero not to take 6-OXO, had the pitcher called the hotline.

This is from pages 4-5 of the lawsuit: “During the All-Star break in July 2008, Plaintiff went to a GNC store in his home town of Fairhope, Alabama, where Plaintiff was well known as a professional baseball player. Plaintiff asked the salesperson at GNC about 6-OXO EXTREME, and specifically asked the salesperson at GNC if 6-OXO EXTREME would make him test positive on a Major League Baseball drug test. Plaintiff relied on the representations of the salesperson at GNC that 6-0XO EXTREME would not make him test positive for any substance banned by Major League Baseball, Plaintiff purchased one bottle of 6-OXO EXTREME from the GNC store, which he consumed up to an through August 16, 2008 (italics mine).”
 
The lawsuit goes on to say that Romero read “literature” on Ergopharm, and consulted with “colleagues.” Those experiences led him to feel comfortable taking the supplement.
 
All the while, the hotline was available, capable of providing a definitive “no.”

 
Posted by Andy Martino @ 3:16 PM  Permalink | 37 comments
37
Comments   
  • 0 like this / 0 don't   •   Posted 3:27 PM, 04/27/2009
    As a major league player who has signed a contract not only with the team but also with the league, I think it is his obligation to make sure any over the counter product is 100% legal and within league guidelines before taking it. There really is no excuse for Romero's suspension other then negligence on his part. He isn't just hurting himself with this suspension, he is also hurting his team by not being available in his normal game situations. I like Eyre, but he is no Romero. And as far as the lawsuit goes, he should have just swallowed the pill and taken it like a man, a lawsuit is not gonna prove he is innocent nor get back any lost wages.
    — PhillyFanJason
  • 0 like this / 0 don't   •   Posted 3:36 PM, 04/27/2009
    "Major League Baseball has a hotline that players can call to learn whether their supplements contain anything that would trigger a positive test. Players have said that MLB has not advertised the service well enough. But if Romero had gone out of his way and taken this step (and wouldn’t you be extra diligent in matters that could threaten your livelihood and reputation?) people would not be guessing at his intentions, he wouldn’t have needed to hire a legal team and PR firm and he’d be $1.4 million richer." --- Actually, Andy, that is not accurate. By MLB's own admission, they were not aware of this product until Romero's nutritionist (or whoever) provided a sample for testing, and the hotline could NOT have properly advised. Still, you are right that he should have called, and he should not have taken it until someone told him unequivocally that it was approved by MLB...but having called the hotline first and being told "Uhh....uh...I dunno. Wait...What's it called again?" wouldn't have prevented any of this. Either way, I hope he gets his money back...and I hope he comes back at the end of May or beginning of June frothing mad and takes it out on opposing hitters. Should provide a nice little shot in the arm for the bullpen 1/3 of the way into the season that could help prevent them from wearing down like last year.
    — RollinsWasRight
  • 0 like this / 0 don't   •   Posted 3:42 PM, 04/27/2009
    PhillyFanJason - actually, he stands a good chance to get back a healthy portion of his lost wages in the lawsuit, simply because the manufacturer failed in its legal obligation to clearly list ALL ingredients on the label. That is really the only part of the issue between Romero and the manufacturer that is legally relevant, and that is what his suit will ultimately boil down to. Whether his suspension by MLB was warranted, deserved, or justified, is a matter between J.C. and the league, and not relevant in his lawsuit.
    — RollinsWasRight
  • 0 like this / 0 don't   •   Posted 3:43 PM, 04/27/2009
    I think people such as Jason are missing the point - the lawsuit doesn't absolve him of any responsibility he has. JC took responsibility and is serving his penalty. That doesn't mean that the manufacturer of this product doesn't also have a responsibility to accurately market it's product and provide accurate information to consumers. Just as with any manufacturer, if they are found to market their product negligently they should be legally held responsible.
    — speener
  • 0 like this / 0 don't   •   Posted 3:55 PM, 04/27/2009
    Do we have any way to know what the MLB hotline would have said if he had called them? Assume they hadn't actually tested the substance; would they then test it? Either that or they could assume it was bad because they didn't know, or assume, as Romero did, that it was OK because it was over the counter and the ingredients list was OK. None of this changes the fact, as Andy says, that he could have called the hotline. If he had and they said it was OK and *then* he tested positive I would hope there would be less basis for suspending him, but at this point I woulnd't make any assumptions.
    — lseltzer
  • 0 like this / 0 don't   •   Posted 3:59 PM, 04/27/2009
    Couldn't/shouldn't he have sued the MLBPA and MLB for the suspension as well--like an injunction to prevent/suspend the suspension while working out the details? I believe that he did not have any appeal options under the COB--or that was already exhausted--but clearly he got screwed. I also seem to remember a few Minnesota Vikings players who were going to be suspended towards the end of the season for a positive drug test, but a MN judge stepped in (either at their request or on his own) and issued an injunction, allowing them to play. Does that sound familiar to anyone? If I have my facts straight, why couldnt JC have done that, too?
    — alaver
  • 0 like this / 0 don't   •   Posted 4:04 PM, 04/27/2009
    Who cares if he wins the suit or not (though if he does, donating the money to a drug awareness program woudl be a good idea)as long as he comes back rested and ready to go. this could give us a huge advantage as one of our best PR will be fresher and raring to go
    — jeff gross
  • 0 like this / 0 don't   •   Posted 4:07 PM, 04/27/2009
    Here is more info on the Vikings case I was referencing: http://www.washingtontimes.com/news/2008/dec/04/suspended-vikings-get-injunction/ AND http://sports.espn.go.com/nfl/news/story?id=3763465. Sounds like a similar situation to JC, doesnt it?
    — alaver
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 4:50 PM, 04/27/2009
    Via the NY Times: “If he had called, he would have found that 6-OXO has led to other athletes, who are wrestlers, testing positive,” Manfred said of Romero and the hot line. “In fact, in preparing for the arbitration hearing, we learned that a couple of other players had called the hot line this year inquiring about 6-OXO and were told not to take the substance.” The truth is that the MLB had a policy in place to inquire on the legality of supplements. For a supplement that directly affects testosterone, I find it reasonable to expect for Romero to make an atempt to confirm the supplement's legality. The interesting legal question is whether the manufacturer is liable for the fact that this susbstance causes a positive test result for an illegal substance. If this substance has andro, and the manufacturer concealed it, I think Romero has a compelling case.
    — tgray83
  • 0 like this / 0 don't   •   Posted 5:23 PM, 04/27/2009
    No, he didn't call the hotline. Instead, he asked the Phillies trainers to check on the supplement. They did, and said it was fine.
    — whofeelsit
  • 0 like this / 0 don't   •   Posted 5:30 PM, 04/27/2009
    HE HAS EVERY RIGHT TO SUE. MLB SHOULD HAVE A LIST OF VITAMINS THAT HAVE SUPPLIMENTS. I WOULD SUE MLB AND BUD SELIG AND THE MLPA,THEY ARE JUST AS WRONG. HE IS NOT A COLLEDGE GRAD .HE IS JUST A BALL PLAYER WHO KNOW HOW TO PITCH
    — ccutter50
  • 0 like this / 0 don't   •   Posted 5:51 PM, 04/27/2009
    Give 'em he// J.C.
    — Truth
  • 0 like this / 0 don't   •   Posted 6:55 PM, 04/27/2009
    "Only Romero knows if that is true, because none of us was privy to his thoughts when he repeatedly purchased and ingested the andro." Yeah, JC probably went to the chemistry lab in his basement and tested supplements until he found one that contained a banned (and illegal) substance. Then he took those supplements until reaching his goal of a failing a drug test. Andy, I think you are suggesting that JC may be "guiltier" that we know him to be. Sure, he was negligent, but to suggest that he was trying to circumvent the league rules is baseless and slanderous (mabey your name will be on the next lawsuit?). If you spent some time with JC in the chem. lab, please do tell all - you're book revenue will outpace your current salary for sure. Otherwise, stick to reporting the story.
    — Souf Phil
  • Comment removed.


37 comments | View All Comments | View All By Latest
View comments: 1  |  2  |  3
About Matt Gelb and Bob Brookover












Bob Brookover and Matt Gelb team up for their third straight season covering the Phillies for the Inquirer and philly.com.

This is Brookover’s second stint writing about the Phillies, having joined the coverage team after seven years as an Eagles beat writer. Brookover was hired by The Inquirer in 2000 as the Phillies beat writer after spending 13 years writing about the team for two suburban newspapers. While on the Eagles beat, Brookover, who had covered just two winning Phillies teams in 15 seasons, saw the Phillies move into a cash-cow new ballpark and begin playing a brand of the game he found unrecognizable. Follow him on Twitter here.

Gelb is in his third season covering the Phillies. He was hired by The Inquirer in August 2009 after graduating from Syracuse University. He has also covered baseball at The Star-Ledger and Cape Cod Times. Born and raised in Bucks County, he attended Central Bucks High School West. Follow him on Twitter here.
To submit a question for Matt Gelb's Phillies mailbag, click here.

Join on Facebook    Follow on Twitter

Advertise Here
BASEBALL NEWS FROM PHILLY.COM
The Phillies Zone: Papelbon: I like pressure
Phils face questions in left
Fans should enjoy the ride
Wigginton ready to win
5 burning questions for Phillies
The Phillies Zone: Halladay arrives in style
Latest Phillies Videos