Swimmer Wins Suit Over Supplement

Swimmer Wins Suit Over Supplement

SANTA ANA, Calif.An OrangeCounty Superior Court jury ruled a multivitamin supplement taken by competitiveswimmer Kicker Vencill was contaminated with 19-norandrosterone, a substancebanned by the International Olympic Committee. Vencill, who is serving atwo-year suspension imposed by the U.S. Anti-Doping Agency because he failed a drug test after takingthe supplement, was awarded damages of $578,635 against the Farmington,Conn.-based supplement manufacturer, Ultimate Nutrition.

Vencill failed the drug test in January 2003 after takingSuper Complete, a multivitamin manufactured by Ultimate. Arguing the supplementwas contaminated, he appealed the original four-year suspension, which wasreduced to a two-year ban from national and international competitioncostinghim a shot at the 2003 Pan-American Games and the 2004 Olympic Games. Vencillhad the supplement analyzed by a lab, which reported the supplement containedthe banned material.

Travis Tygart, legal counsel for the U.S. Anti-Doping Agency,praised the trial outcome but noted Vencill still shoulders some of the blamebecause he ignored agency warnings about potential dangers of nutritionalsupplements. The regulations that oversee the nutritional industry andrequirements for quality control are minimal, and there is no guarantee that theproduct contents are as advertised, he told the Associated Press (AP). This is a good decision not just forathletes but for consumers. It hopefully will hold companies accountable toensure that their products contain what they say they contain.

Vencill is near the end of his suspension and will soonrecommence competition without the use of supplements. Who would think amultivitamin is contaminated? But it was, and we proved it, Vencill told AP.You cant always be sure what youre buying.To me, its not worth it.

In a release, Ultimate Nutrition argued third-party testingconducted at a USP-certified laboratory at the University of Southern California(USC) found Super Complete free of anabolic steroids. According to the company,seven tests performed on lot numbers preceding and following the one in questionfrom bottles provided by Ultimate Nutrition, from bottles USC purchased in themarketplace and on product used and provided by Vencill showed negative results.

Although to our disappointment the jury awarded in favor ofthe plaintiff despite the evidence, we feel vindicated by the USC product tests,said Brian Rubino, vice president of Ultimate Nutrition. At this time we areexploring our appeal options.