No sooner than I finished writing an article critical of the supplement industry does a professional football player file a lawsuit against a supplement company for containing steroids in their supplements (due to either contamination or intentional “spiking” of the ingredients). It gives me no pleasure to write this story because the defendant is a friend of mine.
Former NFL running back Femi Ayanbadejo has filed a lawsuit against Author L. Rea of ALR Industries. He claims an undisclosed ingredient in ALRI Max LMG caused him to fail an NFL doping test leading to his release by the Arizona Cardinals and Chicago Bears. Ayanbadejo tested positive for a “form of nandrolone.” Ayanbadejo’s attorney is blaming the positive steroid test on the manufacturer for possibly intentionally “spiking” the supplement with banned substances or contamination from the manufacturing facility.
I have not had a chance to review legal documents in the case. The owner of ALR Industries did not seem to be aware of the lawsuit and could not provide me with any insight into the case.
But on the surface, I’m not sure it has merit from a legal standpoint.
Keep in mind that substances prohibited by the NFL (or WADA) are not necessarily prohibited by DSHEA as over the counter supplements (nor should they be). It does not appear that ALR Industries is guilty of producing supplements unintentionally contaminated with steroids or supplements containing undisclosed steroidal products unless there is evidence other than the failed drug test.
It appears that the ingredient that caused Ayanbadejo to test positive on the NFL’s steroid test was clearly listed on the label and/or marketing materials and identified as a legal progestin similar to other progestin-based steroids like trenbolone and nandrolone.
The active compound in Max LMG is 13-ethyl-3-methoxy-gona-2,5(10)-diene-17-one… It is legal because it is a progestin, and before anyone thinks “birth-control”, remember that trenbolone, nandrolone, methyltrienolone and Methyl-Dien all are also progestins. I doubt anyone will disagree with the effects of these compounds upon favorable body composition.
In addition, the label warned consumers about androgenic side effects.
Possible side effects include acne, hair loss, hair growth on the face (in women), aggressiveness, irritability, and increased levels of estrogen.
When an ingredient is said to be in the same class of compounds as banned steroids “trenbolone” and “nandrolone” (legality notwithstanding) and the side effect of “hair growth on the face (in women)” is listed on the bottle, I think this would be indicative of a dietary supplement that a drug-tested athlete would be wise to avoid. In other words, Ayanbadejo made a mistake and should have known better.
My opinion is based on the following assumptions:
1. Max LMG is not contaminated with undisclosed steroidal hormones, either intentionally or unintentionally.
2. The active ingredient in Max LMG is accurately disclosed as 13-ethyl-3-methoxy-gona-2,5(10)-diene-17-one.
3. A metabolite of 13-ethyl-3-methoxy-gona-2,5(10)-diene-17-one resulted in Femi Ayanbadejo’s positive steroid test for a “form of nandrolone.”
4. The compound 13-ethyl-3-methoxy-gona-2,5(10)-diene-17-one was legally permitted under DSHEA and the Anabolic Steroid Control Act of 2004 whereas the “term `anabolic steroid’ means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone).”
Given these assumptions, there does not appear to be a violation of law nor a failure of enforcement (of DSHEA).
Comments are welcomed.
About the author
Millard writes about anabolic steroids and performance enhancing drugs and their use and impact in sport and society. He discusses the medical and non-medical uses of anabolic-androgenic steroids while advocating a harm reduction approach to steroid education.
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