J.C. Romero is suing Ergopharm Inc. and Proviant Technologies, for mislabeling the products in the supplement, 6-OXO, that caused him to test positive to Major League Baseball’s random drug testing.
When contacted by the Philadelphia Daily News, the lead attorney representing Romero in his lawsuit against the manufacturer and distributors of 6-OXO Extreme said the Phillies left-hander felt he had been “duped” by the various parties.
“He was led to believe the supplement he was taking was not a banned substance, and that’s really the basis of the complaint,” Attorney Jeffrey Craig said.
“Major League Baseball is not a party here. He was duped by the drug manufacturer who mislabeled the product and the retail store that sold the product.”
Romero also released a statement:
“Testing positive and being suspended from baseball was one of the most painful experiences in my life and robbed me of the joy of winning the World Series and damaged my reputation in the process,” Romero said in a statement. “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.”
The penalty cost Romero a fifty-game unpaid suspension, causing him to lose $1.4 million in salary.
Romero is suing the parties for:
1) The loss of past income and earning capacity
2) The loss of income and earning capacity which Romero can reasonably be expected to have enjoyed in the future.
3) Past and future pain, suffering and humiliation.
4) Loss of enjoyments of life, past and future.
Romero is alleging negligence, breach of implied warranties, strict product liability, intentional misrepresentation, negligent misrepresentation, violation of the New Jersey consumer fraud act, punitive damages against all defendants.
Romero also named corporate owners of the two nutritional stores where he purchased 6-OXO Extreme as defendants, alleging sales clerks assured him it would not cause a positive test for a banned substance.
Source: Philly.com
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