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Federal Court Dismisses $1.8 Million Suit Against Supplement Company

Dietary Supplements,Regulatory,Sports Nutrition

There have been several occasions when an athlete has tested positive for a substance banned by their governing body.  Sometimes it is because of false positive, a few times it is because of a less than scrupulous manufacturer spiking their product.  Most of the time though it is because the athlete does not take the time to find out whether or not an ingredient is prohibited.  Such was the case of Maryland-based track athelete Phillipe H. DeRosier, Jr.

DeRosier tested positive for a stimulant called DMAA that is contained in a popular nutritional supplement, Jack3d made by USPlabs.  DeRosier was banned from competition and sued USP Labs.  A federal judge dismissed his $1.8 million lawsuit.  The judge ruled that testimony supporting his claim was “wholly speculative and conclusory.”

One of the main reasons for the dismissal was that the ingredient is listed on the product label.  The product is being sold on the open market.  And while some ingredients are openly being sold, they may be banned by sanctioning bodies.  That is why it is important for any athlete consuming dietary supplement products to read the label and check to be sure that there is nothing in there that would be prohibited by their sanctioning body.

It is also good practice for companies who have ingredients in their product that may be banned by sanctioning bodies or that can result in false positives to put warnings on their labels that though the ingredient is appropriate it may be banned by not only athletic bodies, but by law enforcement agencies and other employers who regularly test their employees.  This can be a further risk management endeavor to eliminate the risk of costly defending oneself from a suit such as this.

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