"Shin Splints"
A Blog by
Doug Logan
The Noose Tightens
Friday, May 08, 2009
On January 22, I gave a 20-minute talk at Focus on the Future, a gathering of the dietary supplement and healthy food industries in Scottsdale, Ariz. I intended to raise some hackles and more than a few eyebrows, but their reaction was even stronger than I anticipated. I was yelled at, walked out on, and generally viewed a purveyor of socialism.
You can read the text of that address, "Braiding the Noose", in the archives of this blog . The basic idea was that track and field has a problem with drugs, and that lax or nonexistent regulation of the supplement industry by the Food & Drug Administration (FDA), combined with blatantly misleading and tainted products produced by certain bad actors in the supplement industry, were making things worse.
After sneaking out of Scottsdale under the cover of darkness, I was invited by some in the industry to be shown the error of my ways. I had it all wrong, they said. The supplement industry does not need regulation, and is not filled with companies making unsafe products that all but say, "Hey, taking our stuff is like -- or maybe even IS -- taking steroids!" I politely declined.
Several events in the last few weeks have caused me to think back to that fateful speech, and they have made me more sure than ever that I was on the right track.
On April 27, Philadelphia Phillies pitcher J.C. Romero filed a lawsuit against several companies and retailers, arguing that after taking a supplement called 6-OXO EXTREME, he tested positive for a prohibited substance, Androstenedione. He was then banned for the first 50 games of the 2009 Major League Baseball season. In the suit, Romero argues that he went into separate retail outlets, in New Jersey and Alabama, in search of a supplement that would not cause any positive tests under MLB drug-testing protocols. He says salespeople directed him to 6-OXO. He then talked to some of his fellow athletes, who concurred that the supplement was OK. He read the label, which said the supplement was "natural." In short, he "was told" he wouldn't test positive.
Only after he tested positive did he have the supplement tested. And what do you know hey, how in the heck did that Andro get in there? Romero contends the post-positive analysis also showed the presence of other substances not disclosed on the product label.
Let's assume that Romero is being honest and forthcoming in his lawsuit. Based on his suit, it would appear that he thought $8-an-hour clerks at health-food stores are experts in the legal minutiae of MLB anti-doping policies and are intimately familiar with the manufacturing practices of 6-OXO EXTREME'S maker. Anyone within the world of track and field would scoff at the notion of an athlete arguing before the U.S. Anti-Doping Agency that they should be let off from their two-year (not 50-game), first-time steroid suspension because "the guy at the register said it was OK." Or even a step further, that their buddies thought it was OK, too. It doesn't matter if an image of the Virgin Mary appears in a grilled cheese sandwich and tells you it's OK. It doesn't matter what the label says. You cannot take the risk.
Be that as it may, the Romero case may back up the argument I made in January, that some possibly clean athletes unintentionally test positive because their supplements are tainted. His case will be a bit of a litmus test in determining what responsibility, if any, the manufacturers of certain products have when the livelihoods of the athletes to whom they so aggressively market their products are at stake.
Less than a week after Romero filed his suit, the FDA on May 2 warned Americans to, in the words of the Associated Press, "immediately stop using Hydroxycut, a widely sold supplement linked to cases of serious liver damage and at least one death." The product's manufacturer has since recalled 14 of its products. The Associated Press story pointed out the naked truth about dietary supplements: "manufacturers don't need to prove to the FDA that their products are safe and effective before they can sell them to consumers."
I know it might be hard to believe that supplement manufacturers don't always have the best interests of their consumers' health at heart. Maybe, just maybe, the Romero case and the Hydroxycut incident will lead to greater regulation. Or any regulation.
The good news is that I don't know of anyone who contends that CERA, a new blood-boosting drug, accidentally occurs in any supplements. The bad news for six 2008 Olympic athletes is that, in retroactive testing of their samples given in Beijing, the IOC this month announced they have tested positive for that drug. Among those reported to be positive is men's 1,500m gold medalist Rashid Ramzi of Bahrain, as well as two other track athletes.
The testing that the International Olympic Committee conducted on these samples, months after they were given, is a bit reminiscent of the way that the U.S. Anti-Doping Agency reverse-engineered a test for THG in 2003. USADA tested many samples of track and field athletes long after they were given, catching cheaters just when those cheaters thought they were in the clear, so to speak. In that case, USADA blew open the BALCO scandal and achieved what may be the biggest step forward against doping cheats in this sport. Track and field in the United States has seen only a small number of significant positive tests since then.
In contrast to how the FDA handles supplements, USADA, the IOC and the entire Olympic family take the regulation of their industry -- the business of sport -- so seriously that they will never close the window on an athlete's doping sample. And that is how it should be. Only when people live in fear that they can be caught months, or even years down the line, when testing improves, can sport be truly cleaned up.
Unfortunately, we will continue to live our lives in what forever will be called the "Steroid Era". Major League Baseball's naive desire to have closure with the problem has turned out to be precipitous and unrealistic. Last week it was Selena Roberts' book debunking A-Rod's sanitized contention of limited juicing. This week it is Manny Ramirez' positive test for a weird concoction of substances to boost his testosterone levels. Next week? Stay tuned.
Relying on human beings to do the right thing in the realm of ethics will only go so far. Test them yesterday, tomorrow, and in the future. Keep tightening that noose.
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Doug Logan is the CEO of USA Track & Field
(USATF), the national governing body for track and field, long distance running,
and race walking. Headquartered in Indianapolis, the organization has more than
90,000 members throughout the country.