The FDA served iForce Nutrition and owner Dave Nelson with a search warrant during the course of the 2009 IFBB Olympia Expo. The search warrant was executed in the days following the FDA raid of Bodybuilding.com. Four iForce Nutrition products were listed as “undercover purchases” made at Bodybuilding.com. Both the iForce Nutrition search warrant and the Bodybuilding.com search warrant alleged that these products contain anabolic steroids, unapproved new drugs, and/or misbranded drugs: 1,4 AD Bold 200 (androstenedione), 17a PheraFLEX (Madol), Dymethazine (Superdrol) and Methadrol (Superdrol).

The FDA media strategy forced several dietary supplement companies and their owners into the spotlight and made them readily accessible to both federal agents and media representatives at the 2009 Olympia Expo.

DEA and FDA agents were seen circulating the Olympia Expo purportedly serving search warrants on at least two dietary supplement companies according to sources who spoke to the agent(s). 

The federal government has a history of using major bodybuilding and supplement expos to gain publicity for their steroid witch-hunts. The presence of federal agents at a major bodybuilding and supplement expo was reminiscent of the 2004 IFBB Arnold Classic Expo during which several IFBB pro bodybuilders were served subpoenas to testify before a federal grand jury investigating steroid distribution.

Craig Titus, Nasser El Sonbaty and Flex Wheeler were among the bodybuilders subpoenaed in 2004 according to Shawn Ray in a story reprinted on the website GetBig.com. Professional bodybuilding was linked to the BALCO scandal at the time with the presence of Victor Conte, who was at the Expo to promote his supplement products, and Milos Sarcev, who had trained BALCO athletes.

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The federal government continued their steroid witch-hunt targeting the dietary supplement industry with a raid of Bodybuilding.com on Thursday, September 24, 2009. The criminal investigation accuses Bodybuilding.com and its corporate officers of illegal marketing and distributing several anabolic steroids, unapproved new and misbranded drugs labeled fraudulently as dietary supplements, specifically “Madol”, “Tren”, “Superdrol”, “Androstenedione”, and “Turinabol”.

Only androstenedione and Turinabol are legally classified as anabolic steroids; these ingredients were not disclosed on the product labels. The FDA has asserted that Madol, Tren and Superdrol are also anabolic steroids. However, only the DEA has the authority to administratively add these substances to the Controlled Substances list. The DEA has NOT yet made this determination. These ingredients have been widely and openly sold as listed ingredients in dietary supplements for years.

The FDA media strategy most likely intentionally staged the raid to coincide with the first day of the 2009 Olympia Weekend. The Olympia Expo, the centerpiece of the Olympia Weekend, includes a large number of sports nutrition companies as exhibitors. The Bodybuilding.com has had a prominent presence at the Expo for several years and is the main sponsor of the 2009 IFBB Mr. Olympia, the top competition in professional bodybuilding.

FDA Special Agent Robert Blenkinsop signed the affidavit of support of the search warrant that was executed at Bodybuilding.com Boise headquarters and warehouse. Blenkinsop participated in the FDA raid of American Cellular Labs (ACL) on July 23, 2009; however, ACL products were not distributed by Bodybuilding.com.

Blenkinsop states that his criminal investigation of Bodybuilding.com led him to investigate several of Bodybuilding.com’s suppliers including, but not limited to, Genetic Edge Technologies (GET), Kilo Sports (KS), and Innovative Delivery Systems (IDS). GET and Kilo Sports were both raided on June 5, 2009; IDS was raided on August 22, 2009.

The federal government conducted raids and interrogations of suppliers in search of evidence to support the FDA’s criminal investigation of Bodybuilding.com. In addition, the suppliers face their own respective criminal investigation for their role in conspiring with, and/or aiding and abbetting Bodybuilding.com in the illegal marketing and distribution of steroids.

Federal agents seized laptop computers, desktops and related computer-based evidence of the following Bodybuilding.com employees: Ryan Deluca (CEO); Jeremy Deluca (VP/President); Gary Davis (CFO, Executive VP); Kelly Household (CIO); Bryan Gum (Chief Strategy Officer), Josh Brouse (COO), Joe Guilliams (FDA/FTC Compliance Manager); Dustin Campbell (Purchasing Manager); Michael McClane (CFO); Ryan Vestal (Controller); Terry Mayer (Accounts Payable Manager).

The following is the government list of products alleged to contain anabolic steroids and unapproved/misbranded new drugs and fraudulently marketed as dietary supplements.

1. 4EVER FIT D-Drol
2. ADVANCED MUSCLE SCIENCE Dienedrone
3. ADVANCED MUSCLE SCIENCE Liquidrone UTT
4. ANABOLIC XTREME Hyperdrol H2
5. APS (aka ADVANCE MUSCLE SCIENCE) Mastavol
6. APS (aka ADVANCE MUSCLE SCIENCE) Revamp
7. APS (aka ADVANCE MUSCLE SCIENCE) Ultra Mass Stack
8. APS (aka ADVANCE MUSCLE SCIENCE) Ripped Stack
9. BETTER BODY SPORTS Finadex
10. BLACK CHINA LABS Straight Drol
11. BLACK CHINA LABS Straight Phlexed
12. BODY CONDITIONING  SOLUTIONS TestraFLEX
13. BJORKLUND Methyldrostanolone
14. BOSC ENTERPRISES Epi-Tren
15. BOSC ENTERPRISES Magna Drol
16. CHAPARRAL LABS Epivol
17. CHAPARRAL LABS Pheravol-V
18. COMPETITIVE EDGE LABS M-Drol
19. COMPETITIVE EDGE LABS P-Plex
20. COMPETITIVE EDGE LABS X-tren
21. DIABOLIC LABS Epio-Plex
22. DIABOLIC LABS Finabolic 50
23. DIABOLIC LABS Revenge
24. ERGOPHARM 6-OXO
25. ERGOPHARM 6-OXO Extreme
26. EST (aka ENGINEERED SPORTS TECHNOLOGY) MethAnstance
27. EXTREME LABS Susto-Test Depot
28. FIZOGEN ON Cycle II Hardcore
29. GET (GENETIC EDGE TECHNOLOGIES) SUS-500
30. GET (GENETIC EDGE TECHNOLOGIES) Tren-250
31. HARDCORE FORMULATIONS T-Roid
32. IFORCE NUTRITION 1,4 AD Bold 200
33. IFORCE NUTRITION 17a PheraFLEX
34. IFORCE NUTRITION Dymethazine
35. IFORCE NUTRITION Methadrol
36. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Bromodrol
37. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Grow Tabs TR
38. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Mass Tabs
39. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Oxodrol Pro
40. IDS (aka INNOVATIVE DELIVERY SYSTEMS) Ripped Tabs TR
41. KILO SPORTS Massdrol
42. KILO SPORTS Phera-Mass
43. KILO SPORTS Trenadrol
44. MONSTER CAPS Monster Caps
45. MYOGENIX Spawn
46. NUTRA COASTAL D-Stianozol
47. NUTRA COASTAL H-Drol
48. NUTRA COASTAL S-Drol
49. NUTRA COASTAL Trena
50. PERFORMANCE ANABOLICS Methastadrol
51. PERFORMANCE ANABOLICS Tri-Methyl X
52. PURUS LABS E-pol Inslinsified
53. PURUS LABS Nasty Mass
54. RAGE RV2
55. RAGE RV3
56. RAGE RV4
57. RAGE RV5
58. REDEFINE NUTRITION Finaflex 550-XD
59. REDEFINE NUTRITION Finaflex Ripped
60. TRANSFORM SUPPLEMENTS Forged Extreme Mass
61. TRANSFORM SUPPLEMENTS Forged Lean Mass

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The U.S. Food and Drug Administration (FDA) issued a Public Health Advisory (PHA) warning consumers to avoid using bodybuilding supplements claiming to contain “steroids”, “steroid-like substances”, “steroid alternatives” and “hormone products”. The FDA warning failed to give guidance on the specific product ingredients that were problematic. The extremely broad language cast suspicion upon all “body building supplements” marketed for performance enhancement because they might contain synthetic steroids (”FDA recommends that consumers should not use body building products marketed as containing steroids or steroid-like substances,” July 28). 

“marketed as containing steroids or steroid-like substances”

“marketed for body building and increasing muscle mass”

“marketed as alternatives to anabolic steroids for increasing muscle mass and strength”

“promoted to athletes to improve sports performance and to aid in recovery from training and sporting events”

The target was ostensibly illegal synthetic steroids that are not compliant with the Dietary Supplement Health and Education Act (DSHEA). However, the FDA news releases and statements appears to demonize ALL steroid products including those that are legally sold and marketed as dietary supplements under DSHEA.

FDA Commissioner Margaret Hamburg misled the public in an FDA news release by suggesting that ALL steroids sold as dietary supplements are illegal. This is not true.

“Products marketed for body building and claiming to contain steroids or steroid-like substances are illegal and potentially quite dangerous,” said Commissioner of Food and Drugs Margaret A. Hamburg, M.D. “The FDA is taking enforcement action today to protect the public.” 

William Llewellyn, author of the authoritative anabolic steroid reference manual “Anabolics“, provides a more accurate clarification of the conditions under which natural steroid ingredients that can be legally sold over the counter (”War on Steroids in the Supplement Industry,” March 19).

If a steroid is found in the food supply naturally, and not regulated as a controlled substance, it may be legal to sell as a dietary supplement. The Dietary Supplement Health & Education Act (DSHEA) is intended to protect ingredients that are natural and already consumed by the public

The FDA warning only identified products manufactured by American Cellular Labs (ACL) including “Tren Xtreme” and “Mass Xtreme“. ACL was the target of an FDA raid led by Special Agent Jeff Novitzky on July 23, 2009. In the search warrant affidavit, Agent Novitzky made the assertion that “tren” aka “4-estra” and “Madol” aka “DMT” could be legally classified as a controlled substance (anabolic steroid).

Supplement legal expert Michael DiMaggio of Collins McDonald and Gann strongly disputed FDA Agent Novitzky’s assertion that the supplements are controlled substances (anabolic steroids) (”Supplements for Athletes Draw Alert From F.D.A.,” July 28).

But a law firm that represents sports nutrition companies said the F.D.A.’s action left consumers and manufacturers in the dark as to what specific products the agency considered to be problematic. Moreover, the agency seems to be taking action against some steroid ingredients that the Drug Enforcement Agency, which has jurisdiction over controlled substances, has not yet declared to be illegal unless prescribed by a physician, said Michael J. DiMaggio, a lawyer in Mineola, N.Y.

“The F.D.A. kind of kicked the door in and said ‘we believe they are illegal now,’ ” Mr. DiMaggio said. “This is going to come as a shock to many companies and big distributors.”

The FDA stopped short of legally identifying any bodybuilding supplements as “anabolic steroids” in their July 28, 2009 public health advisory and July 27, 2009 warning letter to American Cellular Labs and VMG Global.  The agency only suggested that the products were illegal, “misbranded” and “unapproved new drugs”.

Unfortunately, the Food and Drug Administration (FDA) has failed miserably at regulating the dietary supplement industry. Unscrupulous supplement companies have marketed synthetic steroids illegally as dietary supplements. These products are not compliant with DSHEA.

The FDA campaign against steroids in supplements is more reflective of a public relations campaign to divert attention from their failure at regulating the supplement industry under DSHEA. Hopefully, the FDA will start enforcing DSHEA consistently rather than continue to demonize the entire sports nutrition market.

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Russ Walker, a security police officer at a high-security government nuclear weapons facility, was fired after testing positive for anabolic steroids. Walker attributes the positive steroid test to his use of the over-the-counter supplement identified as “DecaVol” manufactured by Advanced Muscle Science (AMS).

Russ Walker was a model employee at Wackenhut Services Inc. Oak Ridge (WSI-OR). WSI Oak Ridge is the private security contractor for the Y-12 nuclear weapons plant in Tennessee where nuclear warheads are manufactured for the U.S. military. Walker was asked to undergo steroid testing based on unspecified probable cause that he was in violation of company and Department of Energy policy.

Walker’s employment was terminated after he tested positive for anabolic steroids. Walker is one of several WSI-OR security police officers who have blamed positive steroid test results on the use of over-the-counter supplements  (”Fired guard disputes test: Former Y-12 worker says he took legal supplements, not steroids,” July 26).

“I’ve served my country my whole life. That’s all I’ve ever done. I take supplements because I take my job seriously. I want to perform at the highest level if something does happen over there” at Y-12, which houses the nation’s stockpile of weapons-grade uranium and other bomb-making parts. “It’s not just about being muscular, about body. I carry an assault machine gun, and I might have to run a mile. Can I protect nuclear weapons if I’m fat and out of shape and have to run 100 yards?”

Russ Walker was only six months away from retirement. His dismissal by Wackenhut has resulted in considerable financial hardship. Walker exhausted his retirement accounts to meet family obligations; and he was denied unemployment compensation since he was fired for using illegal intoxicants.

Walker owner two Extreme Nutrition supplement stores in sales at his Extreme Nutrition supplement stores have suffered due to the steroid stigma associated with supplements. He states that a large number of his customers were security guards from the Oak Ridge Y-12 facility.

Wackenhut spokeswoman Courtney Henry acknowledges that the company was aware that the use of dietary supplements could result in a positive steroid result. However, the company follow a “strict liability” policy that holds employees responsible for any prohibited substances found in their body. The “strict liability” policy is the same policy advocated by the World Anti-Doping Agency for anti-doping controls in sports.

“It is not the company’s responsibility to determine what was taken, when, how or why,” she said.
Henry said Wackenhut officials do not believe use of illegal drugs, including anabolic steroids, is a big problem with security officers in Oak Ridge.

“We are aware, however, of the use of performance-enhancing stimulants, which can be purchased and taken legally, by a number of security police officers,” she said. “Independent studies have shown that between 10 percent and 25 percent of legally obtained performance-enhancing supplements contain enough anabolic steroids to result in a positive drug test for steroids, or metabolize in an individual system in a manner that causes a positive drug test. Although we cannot prohibit the use of these legal supplements, we have strongly discouraged their use.”

Randy Lawson, president of the International Guards Union of America Local 3, has challenged the firing of Russ Walker and other WSI-OR security guards. Lawson has argued that the steroid positives resulted from over-the-counter supplements and that WSI-OR did not provide a list of prohibited over-the-counter supplements.

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FDA Special Agent Jeff Novitzky, the agent who has become the face of the federal government witch-hunt against steroid users in professional sports during the BALCO scandal, has move his attention to investigating dietary supplement companies suspected of selling designer anabolic steroids.

Novitzky’s latest steroid investigation targeted two popular products sold and marketed as dietary supplements, “Tren Xtreme” and “Mass Xtreme”.  These products were manufactured by American Cellular Labs Inc. (ACL) and sold exclusively through Max Muscle Sports Nutrition (MMSN) stores and via the ACL website (”Two Dietary Supplements Said to Contain Steroids,” July 23).

The exact nature of the business relationship between ACL and MMSN is unclear. Maurice Sandoval, the owner of the Max Muscle San Francisco franchise and the Regional Marketing Director for Max Muscle, was identified as the chief executive of ACL in a government affidavit. Sandoval told the New York Times that he sold ACL in 2008. ACL, Max Muscle San Francisco, and Sandoval’s residence were targets of search warrants executed on July 23, 2009.

The FDA investigation did not involve any steroid contaminants or undisclosed anabolic steroids. Federal investigators specifically targeted the openly listed ingredients in Tren Xtreme and Mass Xtreme commonly referred to as “Tren” and “Madol”, respectively.

“Tren” in “Tren Xtreme” is also known by the following synonyms: “4-estra”, 19-Norandrosta-4,9-diene-3,17-dione and Estra-4,9-diene-3,17-dione.

“Madol” in “Mass Xtreme” is also known by the following synonyms: desoxymethyltestosterone, “DMT” and 17a-Methyl-etioallocholan-2-ene-17b-ol.

 The following information from the “Affidavit of Special Agent Jeff Novitzky in Support of Application for Search Warrant” may be of special interest to certain manufacturers, distributors and retailers of similar products in the sports nutrition segment of the dietary supplement industry.

1. FDA Special Agent Jeff Novitzky is fully aware of the existence of MANY similar products and clones produced by SEVERAL additional supplement companies. He has also been involved in other (apparently non-publicized) raids of supplement companies producing similar products.

I am aware that over the last several years, several products labeled as “dietary supplements” containing the substance “Madol” have become available on the market. [...]

There are numerous purported dietary supplements containing “Tren” that are currently available on the market. I have participated in search warrants of companies that have sold purported dietary supplements containing “Tren” and I am familiar with common avenues ofsupply and distribution.

2. Owners of supplement companies producing similar products are cooperating with Special Agent Jeff Novitzky in his steroid investigation targeting the supplement industry.

As stated earlier in the experience section of this affidavit, I have personally been involved in several investigations concerning “dietary supplements” that are actually drugs, including steroids. Specifically, I have participated in the execution of search warrants on companies selling products similar to those offered by ACL. I have reviewed a portion of the evidence collected during these searches, and I have interviewed and developed contacts and informants within the industry, including owners of purported “dietary supplement” companies that have distributed products containing unapproved drugs and “anabolic steroids” identical to those sold by ACL. 

3. Jeff Novitzky asserts that “Tren” and “Madol” are legally classified as “anabolic steroids” under his interpretation of federal law.

[B]ased upon the FDA’s FCC findings that ACL’s “Tren Xtreme” and “Mass Xtreme” contained “Tren” and “Madol,” respectively, and upon the DEA analyses that show that these drugs meet the current definition of an “anabolic steroid” under federal law, I believe that there is .probable cause to believe that the distribution of ACL’s “Tren Xtreme” and “Mass Xtreme” violates the Controlled Substance Act as defined in paragraphs 17 and 18 of this affidavit. 

4. The government may be likely to crack down harshly on supplement companies that ignored the DEA’s proposed rule regarding “Madol” and “Tren” over 15 months ago. 

I am aware that on April 28, 2008, the Drug Enforcement Adminstration (DEA) listed a proposed rule in the publicly-filed Federal Register entitled “Classification of Three Steroids as Schedule III Anabolic Steroids Under the Controlled Substances Act.” I am also aware that this proposed rule listing is still in a proposed status and has not yet been made final. The proposed rule includes both “Tren” and “Madol” as steroids to be classified as Schedule III Anabolic steroids. The proposed rule summarizes DEA studies that both “Madol” and “Tren” are chemically and pharmacologically related to testosterone and are not estrogens, progestins, corticosteroids, or dehydroepiandrosterone.

5. Jeff Novitzky’s assertion that “Madol” and “Tren” are legally classified as Schedule III Controlled Substances (anabolic steroids) is based upon (a)  the testimony of FDA pharmacologist James Tolliver and (b) the April 28, 2009 DEA proposed rule published in the Federal Register.

In particular, I have communicated with Dr. James Tolliver, a chemistry expert presently with the FDA but previously employed by the DEA, who perfonned a scientific analysis on these substances while he was with the DEA and found that both “Madol” and “Tren” are chemically and pharmacologically related to testosterone (and also are not estrogens, progestins, corticosteroids, or dehydroepiandrosterone). Based upon Dr. Tolliver’s infonnation and 21 U.S.C. S02(41)(A), there is probable cause that “Madol” and “Tren” are anabolic steroids and are presently illegal.

[...]

I have been informed by an FDA chemistry expert, Dr. James Tolliver, that “Tren” is a synthetic compound as well, due to its double bond between the carbon atoms 9 and 1 0, something that is not found in nature.

[...]

I am aware that over the last several years, several products labeled as “dietary supplements” containing the substance “Madol” have become available on the market. I have been informed by an FDA expert, Dr. James Tolliver, that “Madol” is a synthetic compound not found in nature.

[...]

While the proposed rule proposes to specifically classify and list these chemicals as steroids under Schedule III ofthe CSA based upon the DEA studies that show they meet the criteria for definition of an “anabolic steroid” under the Steroid Control Act of2004, as outlined in paragraph 17 of this affidavit, the proposed rule also indicates that the steroids meet the defmition of “anabolic steroids” under current federal law.

It is important to note that “DMT” and “tren” were NOT legally defined as an “anabolic steroid” under the Anabolic Steroid Control Act of 1990 and 2004. Most supplement industry experts disagree with Jeff Novitzky’s assertion that “tren” or “Madol” can currently be legally classified as a controlled substance (anabolic steroid).

William Llewellyn, author of the authoritative anabolic steroid reference manual “Anabolics“, reported that there is no known source for “tren” in nature but considers is a misbranded drug and not an anabolic steroids.

“Since the designer steroid “tren” is not natural, it is considered a misbranded drug under federal law.”

Patrick Arnold, most recently the chemist at Ergopharm and Proviant Technologies, is critical of Novitzky’s assertion that the products are legally defined as “anabolic steroids.

“Novitzky claim is that “tren” and “madol” should be considered classified as controlled right now, TODAY… That is never gonna stand up.”

Special Agent Jeff Novitzky has a history of asserting that misbranded and unapproved new drugs are “anabolic steroids” when that may not be legally accurate. Novitzky repeatedly referred to tetrahydrogestrinone (THG) as an “anabolic steroid” in interviews and testimony related to the BALCO case. The Controlled Substances Act was amended to included THG much later with the passage of the Anabolic Steroid Control Act of 2004.

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Travis Tygart, CEO of the United States Anti-Doping Agency (USADA), urged the country’s attorneys general to start suing supplement companies using consumer protection laws. Tygart made his comments at the 2009 National Association of Attorneys General (NAAG) summer conference on June 17, 2009 in Colorado Springs. Tygart wants the attorneys general to take action at the state level to further the USADA’s agenda of preventing competitive athletes from using dietary supplements that are prohibited by their respective sports and/or the World Anti-Doping Agency (WADA) (”USADA chief urges states to act on supplements,” June 19).

“If consumers could run the land, I think federal regulations would change,” Tygart said. “The political reality is that, unfortunately, we have to assume they’re not going to change. But that doesn’t deter you (states) from taking action.” [...]

For the states, however, this is a relatively new issue. If they make a move, they’ll probably have to turn to consumer-protection statutes. They could also look at recovering expenses for government-paid health care costs for treatment of people who get sick from supplement use, much the way they did in lawsuits against tobacco companies.

Rick Collins and Alan Feldstein, representing the law firm Collins, McDonald and Gann, identified state attorneys general use of consumer protection laws as a potentially serious “minefield” facing supplement companies at the International Society of Sports Nutrition Conference (ISSN) on June 15, 2009. Sports nutrition companies who focus on products aimed at improving performance are particularly vulnerable to such state attorneys general actions.

The WADA Code of Prohibited Substances applies to far less than 1% of the general population, yet the USADA and WADA have aggressively lobbied governments around the world to modify their supplement and steroid laws to mirror the anti-doping agenda governing elite competitive athletes. As a result, hundreds of millions of consumers have been denied the freedom to choose various potentially beneficial dietary supplements and hormonal products in large part because they are banned for use by Olympic and other elite athletes. The overwhelming majority of dietary supplement consumers are NOT competitive athletes.

USADA CEO Tygart’s pressure on state attorneys general to sue supplement companies reflects his agency’s impatience with the slow pace in which the federal government is adopting new supplement legislation that reflect his agency’s prohibitionary view. Tygart apparently hopes to convince state attorneys general to exploit consumer protection laws to fight supplement companies via taxpayer-funder litigation.

Fortunately, the Colorado Attorney General John Suthers was somewhat dismissive of Tygart when he honestly admitted that few consumers ever complain about dietary supplements.

“We’re a complaint-driven organization and I have to admit, we’re not getting a high number of complaints at our office about mislabeled substances,” he said. “Whether we can muster the will to do something about it, I don’t know. But it’s a serious issue and I think we’ve got to look at it.”

Anti-doping agencies would prefer to lobby for changes in federal law and promote expensive litigation attacking the supplement industry rather than address the unfair and draconian nature of WADA’s strict liability principle.

The principle of strict liability holds athletes accountable for any positive doping result regardless of whether it was due to intentional doping or unintentional doping (e.g. contaminated supplements). The most expedient solution to this problem would be to modify the WADA code. Lobbying for changes in federal and international law and encouraging expensive and costly litigation funded by taxpayers to address the shortcomings in anti-doping enforcement is rather extreme if not absurd.

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Former NFL running back Femi Ayanbadejo settled his lawsuit against ALR Industries in a confidential agreement. ALR Industries (ALRI) has NOT admitted wrongdoing. ALRI is proceeding with its defamation lawsuit seeking punitive damages against Ayanbadejo for his irresponsible and false statements alleging that ALRI spiked its supplements. Ayanbadejo tested positive for an ingredient clearly listed on the label of ALRI Max LMG during a doping test conducted by the National Football League (NFL) (”Ex-Aztec, company settle dispute over supplement’s label,” May 20).

“Sometimes athletes have a valid claim against these companies, and sometimes they don’t,” said Charles Weller, attorney for ALR Industries. “This was a perfect example of a situation where we don’t have a valid claim. Ayanbadejo tested positive for exactly what was on the label of Max LMG. In trying to save his career, he chose to point fingers at the supplement company. He took a dietary supplement without doing his due diligence.”

Ayanbadejo publicly told reporters that ALR Industries knowingly added a banned substance and intentionally failed to disclose it on the label of Max LMG. Jim Miller, Ayanbadejo’s attorney, blamed Ayanbadejo’s failed steroid test on either a cross-contaminated or intentionally spiked supplement. However, Ayanbadejo and his lawyer never submitted any evidence to support allegations that Max LMG was cross-contaminated or spiked.

An evaluation of the Max LMG label easily proves the LISTED ingredient(s) account for the failed test.

Femi Ayanbadejo tested positive for 19-noradrosta-4, 9-diene-3, 17-dione and 9(10)-dehydronandrolone (publicly described as a “form of nandrolone”) in a January 24, 2007 urine test administered by the NFL.

The ALRI Max LMG label prominently listed “estra-4, 9-diene-3, 17-dione” as an ingredient. “19-Noradrosta-4, 9-diene-3, 17-dione” is well-known in the scientfiic community as a synonym for “estra-4, 9-diene-3, 17-dione”. Furthermore, “9(10)-dehydronandrolone” is a known urinary metabolite of “estra-4, 9-diene-3, 17-dione”.

This clearly accounts for Femi Ayanbadejo’s positive steroid test.

The owners of ALR Industries filed a cross-complaint against Obafemi Ayanbadejo for defamation in December 2008. ALRI’s allegations of defamation and libel are outlined in court documents.

Plaintiff orally published false statements to third parties blaming Cross-Complainants for Plaintiff’s failed drug test, subsequent suspension and release from the NFL, and inability to find current employment as an NFL player. Plaintiff has told third parties, including journalists and television reporters that Cross-Complainants deliberately put a banned substance into the Max LMG supplement bottle which they deliberately did not mention in the supplement ingredients list. Additionally, Plaintiff told others that the Max LMG supplement was not properly labeled and led to his positive test. He even told USA Today, “I think the Company was trying to be cute by creating something that mimics a banned substance . . . it was labeled and nothing harmful was listed.” Plaintiff also told the San Diego Union Tribune which reported on March 12, 2008, that ALRI’s supplement was tainted and had a banned substance in it that was not listed on the bottle. In falsely accusing Cross-Complainant, he told www.steroid.com that, “Guys take certain things and [the makers] just change a molecule [in] it and it’s no longer that substance, but it’s something else that’s related to it” and that, “when you do a test it comes up in your system as a substance they’re trying to create.” He said, “it’s a designer form of an illegally banned substance.” Moreover, in a testimonial for LifeWave energy enhancer, Plaintiff claimed that he had, “taken a supplement for three weeks with a banned substance that was deliberately put into the bottle by the supplement company and also deliberately unmentioned in the supplement’s ingredient list.”

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MLB baseball player J.C. Romero has filed a civil lawsuit against the manufacturers and distributors of the 6-OXO Extreme. 6-OXO Extreme is sold as a dietary supplement and marketed as an aromatase inhibitor. Romero blames androstenedione contamination in the supplement for his positive anabolic steroid test results administered on August 26, 2008 under the Major League Baseball (MLB) drug policy. Romero of the Philadelphia Philles was suspended for 50 games as a result (”Suspended Phillie Romero files suit,” April 28).

The lawsuit names Ergopharm, Proviant Technologies, GNC and Vitamin Shoppe as the four defendants accused of negligence, intentional misrepresentation and consumer fraud. Chemist Patrick Arnold formulated and manufactured the supplement 6-OXO Extreme for his companies Erogpharm and Proviant. J.C. Romero’s lawyers have defended numerous athletes accused of doping after failing drug tests like Floyd Landis, Marion Jones, Tim Montgomery, Jessica Hardy and Deuce McAllister (”Suspended Phillies reliever J.C. Romero suing supplement makers over positive steroid test,” April 28).

The lawsuit against Ergopharm, Proviant, GNC and Vitamin Shoppe is surprisingly frivolous [misdirected] given the expertise of Romero’s lawyers which include Howard Jacobs and David Cornwell. The main issue in the case is the claim that the failure to disclose androstenedione contamination in 6-OXO Extreme by the defendents was THE REASON that J.C. Romero tested positive for anabolic steroids; this subsequently resulted in his suspension and the forfeiture of $1,245,902 in salary.

The fact is that J.C. Romero would have tested positive for anabolic steroids and received a suspension IN THE ABSENCE of ANY androstenedione contamination. The supplement 6-OXO itself would have triggered a false positive for androstenedione since it is metabolized into 6a-OH-androstenedione; this is the same urinary metabolite produced by androstenedione. The issue of androstenedione contamination is nothing more than a red herring.

An attempt to blame a positive anabolic steroid result on minute traces of androstenedione after intentionally consuming 6-OXO is analagous to an attempt to blame a DUI on mouthwash after intentionally consuming a bottle of vodka! The 6-OXO itself clearly caused a false positive for steroids in the J.C. Romero case and NOT minute traces of androstenedione contamination.

Every single lot of Ergopharm 6-OXO Extreme sold and distributed by Proviant, Ergopharm, GNC and Vitamin Shoppe contained the following warning: “Use of this product may be banned by some athletic or government associations (including military)” (”Supplement maker disputes Phillies pitcher’s claim,” April 28).

“If an athlete chooses to ignore an explicit warning on the label of a dietary supplement product, fails to conduct reasonable inquiry, and thereafter tests positive for a banned substance, the athlete should take responsibility for their actions,” Proviant’s two-page unsigned statement said.

Yet, J.C. Romero refuses to accept responsibility. After all, the sales clerks at the Vitamin Shoppe in Cherry Hill, New Jersey and GNC in Fairhope, Alabama promised him that he did not have to worry about a positive drug test from 6-OXO Extreme. They recommended a supplement that didn’t work as promised so he sues the parent company. It is hard to believe that Romero is so naive and gullible to blindly believe a claim made by a minimum wage worker at GNC or Vitamin Shoppe.

Romero claims to have taken “reasonable precautions” and “satisfied himself through his research that neither product contained any substances that were banned and/or prohibited from use by Major League Baseball.” But he didn’t take the minimal precaution of reading the label warnings.

Reasonable precautions and research might have revealed that (1) Ergopharm 6-OXO warns consumers that the product might be banned by some sports bodies; (2) the MLB prohibits the use of anti-aromatase inhibitors because “agents with antiestrogenic activity shall be considered Performance Enhancing Substances covered by the program”; or (3) 6-OXO is banned by the World Anti-Doping Agency (WADA) prohibited substances list. The unavoidable conclusion is that Romero made a careless and unfortunate mistake.

The legal status of 6-OXO Extreme as a dietary supplement under the Dietary Supplement Health and Education Act (DSHEA) does not mean that the supplements are permitted by athletes governed by private sporting bodies. There are numerous substances, dietary supplements and pharmaceuticals, that consumers are legally permitted to consume that athletes can not. Consumers are NOT and should not be governed by the World Anti-Doping Agency. The laws regulating consumer choice should not be based on what athletes are permitted to consume.

Does any reasonable person believe the following? (J.C. Romero v. Ergopharm, et al.)

As a direct and proximate result of Plaintiffs reliance on Defendants’ untrue representations, plaintiff consumed the contaminated product 6-OXO EXTREME and sustained injuries. As a consequence of these injuries, Plaintiff has sustained damages, including but not limited to, physical contamination and intrusion of Plaintiffs body, including contamination with dangerous substance that are harmful to Plaintiff injuring him in such a way as to not be able to complete his duties and job as a professional athlete. Plaintiff’s injuries also include the loss of once-in-a-lifetime opportunities and Plaintiffs reputation. As a consequence of these injuries, Plaintiff has incurred the following damages in amounts to be proven at trial:

a. Loss of past income and earning capacity in an amount to be proven at trial;
b. Loss of income and earning capacity which Plaintiff can reasonably be expected to have enjoyed in the future in an amount to be set forth at trial;
c. Past and future pain, suffering and humiliation in an amount to be set forth at trial;
d. Loss of enjoyment of life, past and future, in an amount to be set forth at trial.

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The Major League Baseball Players Association (MLBPA) appears to be using deceptive and misleading spin tactics to manipulate public opinion in their defense of J.C. Romero and Sergio Mitre. The MLB baseball players have been suspended after testing positive for androstenedione which is classified as an anabolic steroid under the MLB drug policy. The MLBPA unfairly and erroneously attempts to blame the positive steroid test on a “minute trace” of androstenedione contamination in the dietary supplement 6-OXO by Ergopharm; these assertions have been made in the absence of lab analysis showing contamination (”MLBPA statement in response to media reports on the suspension of J.C. Romero,” January 6).

“In our view, J.C. is being unfairly punished because a supplement he purchased in a retail store contained a minute trace of a banned substance.”

Michael Weiner, the MLBPA’s general counsel, went on the media interview circuit blaming contaminated dietary supplements for the androstenedione positives (”MLB suspends Phillies LHP Romero, Yankees RHP Mitre 50 games,” January 6).

“Nothing on the labels of those supplements indicated that they contained a trace amount of a substance prohibited under Major League Baseball’s Joint Drug Prevention and Treatment Program.”

NSF International, the company paid to “certify” supplements for Major League Baseball, was complicit to the MLBPA public relations campaign to cast blame on the dietary supplement industry. Ed Wyszumiala, the manager of dietary supplement testing programsat NSF, was quick to suggest that Ergopharm spiked its products with androstenedione.

“There is a certain segment of the market where we’re not convinced isn’t adulterating their products,” Wyszumiala said. “Maybe this is a case where a company would spike a product in order to gain market share.

Patrick Arnold of Erogpharm, the manufacturer of 6-OXO, says his company takes pride in its quality control and has not found any such contamination (”MLB suspends Phillies’ J.C. Romero, Yankees minor-leaguer for using banned substance,” January 6).

“We don’t see such contamination,” Arnold wrote. “I certainly would like to hear more about what MLB says they found, as we take quality control very seriously.”

The MLBPA, Romero, Mitre and NSF have all made assertions that 6-OXO was contaminated with androstenedione in the apparent absence of lab analyses documenting such contamination. And there may not be a smoking gun. No incriminating lab analyses have been made public and they may not be forthcoming. Could the MLBPA, Romero, Mitre and the NSF all be wrong?

It seems likely that the entire rationale for blaming contamination in 6-OXO for the androstenedione positives is based on the misinterpretation of a 2006 article appearing in the Journal of Steroid Biochemistry and Molecular Biology. David Murphy explains the rationale for MLBPA/Romero/Mitre apologia (”Romero says he was victimized,” January 7).

Romero walked into a nutritional store in Cherry Hill, purchased a legal supplement called 6-OXO, and unwittingly ingested a chemical compound that urinalysis revealed to have contained the infamous steroid precursor androstenedione. [...]

In fact, problems with 6-OXO are not new. Back in 2006, a team of Dutch scientists published a story in the Journal of Steroid Biochemistry & Molecular Biology that said testing had revealed traces of andro in the product.

I think most people can see how the journal article was misinterpreted to arrive at the erroneous conclusion that 6-OXO was contaminated with androstenedione. Urinary metabolites do NOT prove contamination; various different compounds can produce the same urinary metabolites! Androstenedione (i.e. androst-4-ene-3,17-dione) results in urinary metabolite of 6a-OH-androstenedione; 6-OXO (i.e. androst-4-ene-3,6,17-trione) also produces 6a-OH-androstenedione as a urinary metabolite! This means that ingestion of 6-OXO itself could cause a false positive for androstenedione.

Dr. Bryan Smith, the administrator of MLB’s anti-doping program, confirmed that MLB screens for androstenedione metabolites today with a report summarizing 2008 MLB positive doping results which included two androstenedione positives (presumably Romero and Mitre). It was previously thought that a specific test for androstenedione was not part of the MLB anti-doping protocol; we believe the MLB has adopted the 6a-OH-androstenedione technique as a marker for the detection of androstenedione use.

Based on this new information, we believe that 6-OXO itself, not any contamination, resulted in a FALSE analytical positive for androstenedione use in the J.C. Romero and Sergio Mitre doping cases.

Does this mean Romero and Mitre really are innocent? Not exactly.

Aromatase inhibitors are explicitly banned by the World Anti-Doping Agency (WADA) and Major League Baseball (MLB). 6-OXO has clearly been considered a banned and/or prohibited substance by anti-doping scientists as extensively documented in the scientific literature. Ironically, even the journal article that was used to divert blame for Romero and Mitre’s androstenedione positives to a dietary supplement discussed 6-OXO as a prohibited performance enhancing drug.

The entire “androstenedione contamination” defense appears to have obfuscated the fact that 6-OXO itself, as an aromatase inhibitor, is banned by the MLB anyway.

The biggest injustice in the entire Romero and Mitre affair may be the Major League Player Association’s concerted attempt to unfairly use the dietary supplement industry, Ergopharm and Patrick Arnold as scapegoats, whether out of ignorance or intentional deceit, in this case.

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The owners of the SVN Canada in North Vancouver, British Columbia were arrested for allegedly selling the anabolic steroid methyl-1-testosterone (M1T) to teenagers. The arrest comes less than a week after an employee of ‘Your Vitamin Store’ (YVS Victoria) in nearby Victoria, British Columbia was also arrested for selling M1T. Charges in both cases involved trafficking and possession of a controlled substance (anabolic steroids) (”North Van RCMP arrest nutrition shop owners for alleged steroid sales to teens,” October 20).

Const. Marlene Morton said “a substantial amount” of a bodybuilding drug called Methyl-1-Testosterone was seized from Lower Lonsdale area shop SVN Canada, following a year-long investigation.

The store’s owners, Joao Melo, 28, and Sylvie Tran, 26, of North Vancouver, have been charged with trafficking in a controlled substance and further charges are pending, Morton said.

Health Canada issued a warning in April 2006 advising all consumers that M1T was an illegal anabolic steroid. The recent steroid arrests may be the beginning of a crackdown on illicit performance enhancing drugs in advance of the Vancouver 2010 Winter Olympic Games. 

M1T was legally sold and marketed as a “prohormone” in the United States as an over-the-counter “dietary supplement” until the Anabolic Steroid Control Act of 2004 made it illegal on January 20, 2005.

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