United States District Court for Maryland Rules in Favor of USPlabs in Athlete's Lawsuit

Summary Judgment Finds Athlete's Claims of Damages Without Merit

DALLAS, Nov. 18, 2011 /PRNewswire-USNewswire/ -- In an unequivocal victory for the popular nutritional supplement maker USPlabs, a federal judge in Maryland today summarily dismissed a $1.8 million lawsuit filed by a disgruntled track and field athlete seeking to blame the company for his testing positive for a substance banned in competition.

The lawsuit, brought by Maryland-based track athlete Phillipe H. DeRosier, Jr. resulted from DeRosier's ban by the U.S. Anti-Doping Agency (USADA) for his use of a substance contained in the best-selling supplement Jack3d.  The presence of the compound was listed on the product label.  In dismissing all six counts of DeRosier's complaint, U.S. District Judge Catherine C. Blake held that his damages claims were based on testimony that was "wholly speculative and conclusory."

"The athletes bear ultimate responsibility for knowing which substances are banned in competition," said company spokesman Jack Deschauer. "USPlabs's product ingredients are clearly labeled, and the product is perfectly legal to be sold and consumed throughout the United States; however, some nutritional supplements are safe and legal, but still contain substances that are performance enhancing, and therefore are not allowed in sanctioned competition.  It's unfortunate that this happened to Mr. DeRosier, but the courts ruled fairly and justice prevailed."

The issue resulted after DeRosier was banned for testing positive for a mild stimulant known as DMAA, which is used in Jack3d.  With limited exception, USADA bans stimulants for use in competition.  The court's ruling dismissed DeRosier's claims that the company bore legal responsibility for his sanction.

"We are extremely pleased with the court's ruling today," said Bruce Deming, an attorney with The Brewer Law Group, PLLC, who represented USPlabs in the case. "This is a victory for all nutritional supplement makers who carefully and properly label their products' ingredients."

SOURCE USPlabs

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