Romero Sues Parties Over Positive Testing – Phillies Nation

Romero Sues Parties Over Positive Testing

JC RomeroJC Romero has filed a lawsuit against Ergopharm Inc. and Proviant Technologies, who manufactured the supplement 6-OXO, and the companies that own and operate the Vitamin Shoppe and GNC. More from David Murphy:

The lawsuit claims the following damages have been incurred, the amounts of which will be proven at trial:

  • The loss of past income and earning capacity
  • The loss of income and earning capacity which Romero can reasonanbly be expected to have enjoyed in the future.
  • Past and future pain, suffering and humliation.
  • Loss of enjoyments of life, past and future.

Here’s Romero’s statement:

“Testing positive and being suspended from baseball was one of the most painful experiences in nmy life and robbed me of the joy of winning the World Series and damaged my reputation in the process. 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.”

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  1. Brian of CO

    April 27, 2009 at 2:56 pm

    Good on him. His suspension is COMPLETE BS.

  2. Adam C

    April 27, 2009 at 3:12 pm

    I fully agree. The cloud cast over him for this will be with him forever. Especially now a days….I hope JC gets what he wants!

  3. ryan

    April 27, 2009 at 3:16 pm

    JC got royally screwed. i hope he wins this suit.

  4. Mike59

    April 27, 2009 at 3:16 pm

    Hopefully this will clear his name and allow the facts to come to light. JC shouldn’t be lumped in with all the other “cheaters” who also failed drug tests and received the same suspension.

  5. jim

    April 27, 2009 at 3:18 pm

    Go JC! I would do the same thing!!

  6. Chris.I

    April 27, 2009 at 3:20 pm

    Good for him…I heard this rumour 2 months ago, and haven’t heard anything since…I’m glad he went through with it, because the whole thing is absolutely absurd, and it really tainted his career…Which is Bullshit. See…Its like this…Us Phillies fans know he’s innocent, and that he’s a class act player, but to the rest of the leauge, and fans throughout baseball he’s just another player on juice.

  7. Ryan S

    April 27, 2009 at 3:21 pm

    Is the manufacturer of the drug really the people that J.C. should be suing? Isn’t it the responsible of the league to inform all players if a drug contains illegal substances and the player do ensure what he is taking is acceptable?

    I disagree with the whole situation of what happened to J.C., but is the mfg really the problem here? It’s not their responsibility to print labels that say “MLB players should not use this drug”. Romero should have done his due diligence and looked at the ingredients and seen if they are all suitable for his use.

  8. danq

    April 27, 2009 at 3:36 pm

    He did look at the ingredients. The ingredients banned were not listed on the label.

  9. Ryan S

    April 27, 2009 at 3:44 pm


    I’m pretty sure that’s not what happened. I haven’t read that yet anywhere. If you can show me an article that says that, I will gladly retract my comments.

    From everything I’ve heard so far, it seems that J.C. showed more anger against MLB and his player union than GNC and its manufacturers. In fact, this is the first time I’ve heard the manufacturer brought up.

  10. Adam C

    April 27, 2009 at 3:49 pm

    actually the banned ingredient was not listed in 6-oxo…..

  11. JohnKruksLoveChild

    April 27, 2009 at 3:51 pm

    I thought it was more of a case where he was told “anything from those stores is ok”, he saw something new he wanted to use, double checked and got a thumbs up from his trainers and Phils staff, then afterwards was told it was banned.

    It’s not GNC’s responsibility to notify MLB if they change their selection. However if it WAS a case of an unlisted substance that was on the ban list, then ya, he definitely has a case.

  12. Ryan S

    April 27, 2009 at 3:52 pm

    Please provide link

  13. Adam C

    April 27, 2009 at 3:55 pm

    Ryan S…

    “Romero, suspended for the first 50 games of the 2009 season, says he tested positive for steroids last August because a supplement he was taking, 6-OXO Extreme, did not specify it included androstenedione, a banned substance.”

  14. Ryan S

    April 27, 2009 at 3:55 pm

    I stand corrected. Thank you for clearing this up.

  15. Griffin

    April 27, 2009 at 4:06 pm

    I love J.C., but I’m not so sure that he’s at 0% fault right here. He did fail a drug test in 2006 for a “precursor of testosterone” and blamed it on a fertility supplement. After that happened, he should have been more than careful about any other supplements he was taking, including the one he is currently suspended for.

  16. Johnny Snowden

    April 27, 2009 at 6:12 pm

    I dunno. Romero got hosed flat out. Find me one living saint playing major league baseball. I say go get ’em JC. It’ll be interesting to see what kind of ramifications this might have on the “zero tolerance” drug policies and the negotiations b/t the players union and the owners come 2012. To me it’s like getting a ticket for running a red light when the lights were put in backwards so you can see em. Could you have gotten out of your car, crossed the street and checked? Sure, but if someone’s telling it’s clear, why the hell would you?

  17. Brett

    April 27, 2009 at 6:43 pm

    I wish he had started the lawsuits earlier, this’ll be a huge distraction when he does get back into the game this season.

  18. Don M

    April 27, 2009 at 6:46 pm

    and with no way to prove that he did or didn’t take anything besides THIS, he’s got no chance

  19. Groty

    April 27, 2009 at 8:10 pm

    Those things are considered “Dietary Supplements” which means they don’t follow the normal FDA requirements for labeling. Basically, the pill or powder is not required to contain what is advertised.

    Reality is that the players union should be maintaining a list of acceptable products, and that list should be required to be reviewed by league doctors. Anything on such a list must be tested. Then it is the responsibility of the trainers and players to abide by that list.

    The supplement producers could then promote themselves as producers of MLB sanctioned supplements. Provide them with an official MLB logo to place on the bottle and that will give them an incentive to stick to the label and not include “extras”.

  20. Tracey

    April 27, 2009 at 8:47 pm

    I agree that a 50-game suspension was grotesquely excessive, but let’s not forget one important point: there was an 800 number that Romero was supposed to call if he had any questions. They were told this before the season started to call that number if they had any questions. It was posted in every clubhouse. If he had called this number and they said the supplement was OK, he would have been totally covered, totally clear. He apparently had enough concern to ask his trainer, but he did not call the number.


    Of course, if GNC is putting banned ingredients in a supplement without listing the ingredient on the label, he may still have a good case against the manufacturer. Aren’t they required to list the ingredients in a supplement? Particularly the ones that could cause someone to lose a job?

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