Ex-Aztec, company settle dispute over supplement’s label
By Brent Schrotenboer Union-Tribune Staff Writer
2:00 a.m. May 20, 2009
FROM U-T ARCHIVES

March 12, 2008: Ex-Aztec sues supplement maker, shop over failed NFL steroid test Former San Diego State and NFL running back Femi Ayanbadejo has reached a settlement agreement in his lawsuit against a Nevada supplement company whose product contained synthetic steroids.

Attorneys for Ayanbadejo and the company, ALR Industries, expressed satisfaction with the settlement, the terms of which were confidential. But the company continues to pursue a defamation suit against Ayanbadejo and reiterated that he tested positive for substances that were on the label of the product he took.

“My client is satisfied that he had his opportunity to say what he needed to say in court, through his pleadings and paperwork,” said Jim Miller, Ayanbadejo’s attorney.

Ayanbadejo had alleged in his suit that the banned substances were not listed on the label of Max LMG, a pro-hormone product. As a result, he said he tested positive in an NFL steroids test in January 2007 and was suspended for four games. He said the stigma of testing positive helped prevent him from getting back in the league.

“Sometimes athletes have a valid claim against these companies, and sometimes they don’t,” said Charles Weller, attorney for ALR Industries. “This was a perfect example of a situation where we don’t have a valid claim. Ayanbadejo tested positive for exactly what was on the label of Max LMG. In trying to save his career, he chose to point fingers at the supplement company. He took a dietary supplement without doing his due diligence.”

The product since has been discontinued. It had not been certified as safe by the NFL or the players association. In legal proceedings, Ayanbadejo pointed out that the company’s founder, Author L. Rea, was a pseudonym for Scott Jensen, who was accused of running an illegal steroid ring about 20 years ago and spent nearly seven years in prison. Jensen’s attorney said that was “mud that was brought up. It truly has no relevance.”

Brent Schrotenboer: (619) 293-1368;

NFL Player Obafemi Ayanbadejo

On March 7, 2008, an athlete in the National Football Legaue (“NFL”), Obafemi Ayanbadejo, filed a lawsuit against ALR Industries (“ALRI”) after he tested positive for a banned steroid substance in January of 2007. Ayanbadejo alleges that ALRI is responsible for a “stigma” which has been allegedly attached to him for getting caught using performance enhancing drugs which, in turn, has resulted in Ayanbadejo’s inability to find employment as a player in the NFL. CLICK HERE TO READ THE LAWSUIT.

Max LMG

Ayanbadejo allegedly took a product by the name of “Max LMG” which was manufactured by ALRI and discontinued around the end of 2005. Max LMG was an effective pro-hormone product advertised to increase strength, muscle size, and hardness without estrogen or DHT Conversion. CLICK HERE TO SEE THE SUPPLEMENT LABEL OF MAX LMG. Max LMG was an oral synthetic steroid, and all anabolic steroids have been banned by the NFL Player’s Association for use in the NFL. CLICK HERE TO SEE THE NFL’S LIST OF PROHIBITED SUBSTANCES.

NFL Drug Policies

Additionally, ALRI is listed (and has been for years) by the NFL Player’s Association as banned company since ALRI manufacturers products on the banned substance list. CLICK HERE TO SEE THE NFL’S LIST OF BANNED COMPANIES. The NFL Player’s Association has made it abundantly clear in their Policy on Anabolic Steroids and Related Substances that the athlete is responsible for what goes into his/her body, and if you take an unapproved product, you do so “AT YOUR OWN RISK!” CLICK HERE TO READ THE NFL POLICY ON ANABOLIC STEROIDS AND RELATED SUBSTANCES.

If Ayanbadejo knowingly took a banned substance, then what exactly is this lawsuit about? Ayanbadejo alleges that Max LMG was spiked and/or cross-contaminated with an undisclosed substance which he believes led to his positive urine test for a banned substance, suspension, and eventual release from his NFL team. In Paragraph 22 of the Complaint, Ayanbadejo alleges that the specific substance found in his urine test in January of 2007 was “19-Noradrosta-4, 9-diene-3, 17-dione and 9(10) – dehydronandrolone.” He alleges that these substances are not on the label (hence the spiked or cross-contaminated theory).

Chemistry 101

The Max LMG label prominently displays on the label that it contains the substance “Estra-4, 9-diene-3, 17-dione.” It is well-known in the scientific community that “19-Noradrosta-4, 9-diene-3, 17-dione” is a synonym for “Estra-4, 9-diene-3, 17-dione.” Chemical databases around the world universally agree that these substances are identical to each other. CLICK HERE FOR CHEMBLINK ONLINE DATABASE RESULT. Ayanbadejo further alleges that because 9(10)-dehydronandrolone is not on the label, the product has been adulterated (the spiked and/or cross- contaminated argument). So, how did the 9(10)-dehydronandrolone get into Ayanbadejo’s urine? Although it is possible that Ayanbadejo was taking an illegal steroid which reduced to dehydronandrolone in his body which caused him to test positive for the 9(10)-dehydronandrolone, the even more obvious explanation is that it was caused by his admitted consumption of Max LMG. It turns out that 9(10)-dehydronandrolone is the metabolite of the active ingredient in Max LMG — 19-Noradrosta-4, 9-diene-3, 17-dione. In fact, the NFL Chief Consulting Forensic Toxicologist, Mr. Bryan S. Finkle, has confirmed this in writing on May 9, 2007.

Accountability

The bottom line is that Ayanbadejo tested positive for exactly what is on the supplement label of Max LMG. Why is Ayanbadejo not taking accountability for his own actions? He knowingly took a banned substance (an oral steroid) from a company that is banned by the NFL Player’s Association. He tested positive for that exact synthetic steroid and its metabolite that he admittedly ingested. And, now he demands that ALRI “pay up” since he can no longer find employment as an NFL player. (This Article will not explore other possibilities for Ayanbadejo’s unemployment such as his abilities or inabilities to play in the NFL, along with the fact that it has been confirmed that he has also filed a worker’s compensation case against the NFL.)

Lack Of Evidence

This lawsuit has been pending for approximately one year now and Ayanbadejo has still yet to produce one shred of evidence pertaining to his theory that ALRI’s product Max LMG was spiked and/or cross-contaminated with a substance not on the product label. Ayanbadejo’s lawsuit is based solely on speculation as to cause and effect, and amounts in total to mere finger pointing, and absolutely nothing more.

Cross-Complaint

Despite Ayanbadejo’s lack of proof, he has taken it upon himself to tell others of ALRI’s culpability by orally publishing false statements to third parties blaming ALRI for Ayanbadejo’s failed drug test, subsequent suspension and release form the NFL, and his inability to find current employment as an NFL player. He has told third parties, including journalist and television reporters that ALRI deliberately put a banned substance into the Max LMG supplement bottle which they deliberately did not mention in the supplement ingredients list. These statements Ayanbadejo made are all FALSE. In response, in an effort to get Ayanbadejo to take accountability for his actions and to recover for the loss to ALRI’s reputation, ALRI has sued Ayanbadejo for slander. CLICK HERE TO READ THE CROSS-COMPLAINT.

As Ayanbadejo’s meritless case against ALRI continues, this site will be periodically updated. In the meantime, please tell us your opinions HERE!