A nutritional supplement maker has become the target of now-suspended Phillies reliever J.C. Romero’s legal wrath. Romero is suing-mad because he claims that a supplement he took did not specify that it contained a substance (androstenedione) banned by Major League Baseball, reports the AP. As a result, he got suspended for the first 50 games this year, and in his own words:

The suit was brought against Ergopharm and Proviant Technologies who Romero claims were negligent in the manufacture of 6-OXO and 6-OXO Extreme, the over-the-counter nutritional supplements he took, and also for their misrepresentation of the ingredients therein. Allegedly, the supplements contained the banned substance androstenedione (the same stuff Mark McGwire used).

One of the problems with nutritional supplements and/or vitamins is that they face less stringent regulation and labeling laws, as compared to prescription drugs. For what it’s worth, supplement manufacturers are required by law to provide product label information that is truthful and not misleading. But because of the relatively loose standards and the self-regulation of the supplement industry (yes, the companies determine whether their products are safe), athletes may put a lot on the line by taking such substances, and certainly expert advice would be warranted for such decisions.

Romero’s attorney argued much along the same lines, “Professional sports testing policies are the only place in America where the strict liabilities apply to a product’s user and not manufacturer, and that’s indefensible.” Still, an arbitrator rejected Romero’s appeal of his suspension, apparently leaving this lawsuit as a last resort. The suit seeks repayment of “$1.246 million of [Romero’s] $4 million salary he lost as a result of the suspension” plus “undisclosed punitive damages” due to the damage to his reputation.

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