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AdvoCare’s Suit Aims At Athletes Falsely Blaming Supplements For Failed Tests

This article was originally published in The Tan Sheet

Executive Summary

A high-stakes legal battle about allegedly contaminated dietary supplements could make athletes who test positive for banned substances think twice before blaming dietary supplements

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AdvoCare loses verdict to distributors

The Carollton, Texas-based multi-level marketer of nutritional and skin-care products must pay $1.9 million to former distributors under a Dallas County court jury verdict finding AdvoCare violated Texas deceptive trade practices law. Dallas law firm Kilgore & Kilgore, counsel for plaintiffs Bruce and Teresa Badgett, said Aug. 26 that AdvoCare refused to change its marketing and business structures to "meet the accountability demands of" the Badgetts and then cancelled their distribution agreements. A spokeswoman said the Badgetts were terminated appropriately and AdvoCare intends to appeal the decision. Separately, the firm and competitive swimmer Jessica Hardy filed suit against each other after Hardy failed a performance-enhancing drug test and blamed an AdvoCare supplement (1"The Tan Sheet" Feb. 23, 2009)

Romero sues supplement firms

Phillies reliever J.C. Romero sues supplement makers Ergopharm and Proviant Technologies, allegedly the firms failed to list all ingredients on the label of 6-OXO Extreme, a testosterone boosting supplement. In the suit filed April 27 in the Superior Court in Camden, N.J., Romero alleges the supplement caused him to test positive for substances banned by Major League Baseball, resulting in his suspension during the 2008 World Series and for the first 50 games of this season. He seeks compensatory and punitive damages. Proviant Technologies disputes the allegations and told media 6-OXO Extreme warns on the label that using the product may be banned by some sports leagues or government associations. Earlier this year, supplement maker AdvoCare accused a professional swimmer of defamation after she and her coach suggested to media that its products were tainted with a prohibitied performance-enhancing substance. The athlete has filed a liability and negligent claim against Carrollton, Texas.-based AdvoCare (1"The Tan Sheet" Feb. 23, 2009, p. 6)

Diuretic found in StarCaps

Balanced Health Products voluntarily recalls one lot of the weight-loss supplement, which contained the undeclared diuretic bumetanide, FDA says Nov. 24. Bumetanide can cause serious loss of fluids and electrolytes and elevated uric acid concentrations. The New York City-based firm's president, Nikki Haskell, suspended shipment of StarCaps after National Football League players alleged the product was tainted after they were suspended for testing positive for bumetanide, which may mask steroid use (1"The Tan Sheet" Nov. 3, 2008, In Brief)

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