Swimmer Wins Lawsuit Against Vitamin Maker for Positive Drug Test

A jury in California has awarded nearly $600,000 to a competitive swimmer who claims that a contaminated multivitamin led to a positive drug test and a suspension from the sport. Kicker Vencill tested positive for the prohibited substance 19-norandrosterone in an out-of-competition drug test in January 2003. He immediately suspected the vitamins might be to blame and a private lab confirmed the suspicion. But the US Anti-Doping Agency, which cannot always distinguish how a drug entered the body, has a zero-tolerance policy: athletes are responsible for everything that enters their bodies. Thus, it handed down a 2-year suspension which caused Vencill to miss the 2003 Pan-American Games and a shot at the 2004 Olympics.

Vencill's suit Ultimate Nutrition, the maker of the multivitamin, is believed to be the first of its kind, but will not be the last.

Officials say that otherwise benign supplements can be contaminated in several ways. Supplement manufacturers, who operate largely unregulated, might unknowingly buy tainted ingredients from overseas. Or they might make a range of products, including powders or drinks that feature steroid precursors. If the vats aren't thoroughly cleaned, residue from the previous muscle powder can taint the next batch of vitamins down the line.

(Wharton, "Verdict for swimmer could be a test case," LA Times, 05/13/05). Now, the supplement manufacturers may have the incentives needed to ensure that only the proper ingredients make it into its products. This is good, because it should protect the consumer from ingesting drugs he does not know he is taking. But, this has introduced a new lawsuit to the world, and you can expect every athlete with a positive test to now find some supplement manufacturer (or several) to sue. The expense could prove too burdensome for the companies, some of which make valuable drugs for medical (and not athletic) purposes.

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