ST. LOUIS—David Vobora, a linebacker for the St. Louis Rams, filed a civil lawsuit in U.S. District Court, Eastern District of Missouri, alleging a dietary supplement he consumed was contaminated, resulting in his failing a drug test and 2009 four-game suspension. The St. Louis Post-Dispatch reported Vobora said he began using “The Ultimate Spray” from SWATS (Sports With Alternatives to Steroids) in 2009 after researching the product and talking with colleagues. He was given the product by a SWATS endorser. He tested positive for a banned substance in June 2009; the lawsuit states someone sent the product to be tested, and the lab detected methyltestosterone. The suit seeks compensation for loss of income and other damages.
The St. Louis Post-Dispatch said Mitch Ross, owner of SWATS, said there is no banned substance in the spray and many professional athletes have used the product without problems. He added other athletes have had the same batch of product tested with no trace of contaminants.
The Council for Responsible Nutrition (CRN) contacted INSIDER regarding the situation, supplying a copy of a letter submitted to FDA regarding the lawsuit and product. Duffy MacKay, N.D., CRN’s vice president of scientific and regulatory affairs, noted the product in question uses a sublingual delivery system, which the agency has previously stated positions a product as a drug rather than a dietary supplement, which is designed to be ingested into the body. As such, MacKay requested FDA inform SWATS the Ultimate Spray product is, in fact, an unapproved new drug, subject to drug regulations.
