Crying Wolf: Media Spins Dennis Wolf Flex Pro In or Out

A rumor was recently broken at RxMuscle.com that German IFBB Professional Bodybuilder Dennis Wolf would not be competing at the Feb. 19 IFBB Flex Pro Bodybuilding competition in Santa Monica, California. Aaron Singerman wrote the story as part of his Muscle Gossip series. "Here comes the news... I confirmed today with two individuals that are definitely in-the-know, Dennis Wolf is NOT doing the Flex Pro Show," Singerman wrote. "You can scratch him off the competitor list. There is no doubt; this is news, not gossip." That was published on Thursday, Jan. 20.

Wolf is signed with Muscular Development magazine the former employer of Dave Palumbo, the owner and operator of RxMuscle.com that published Singerman's rumor. Flex magazine and the pro show that Wolf is competing in is owned by Weider Publishing whose parent company is AMI that also publishes the National Enquirer. "I'd like to call it irresponsible journalism, but that would imply that the people running this story as news understand what the word journalism means," FLEX Editor In Chief Allan Donnelly said. "Unfortunately some people take internet rumors as truth, and we did receive several calls this morning asking whether or not Dennis was still competing in the FLEX Pro. We then did what any responsible news outlet would when trying to confirm a rumor - we went straight to the source for confirmation. Needless to say, we are excited to see Dennis on stage competing in the FLEX Pro on February 19."

On Friday, Jan. 21 Palumbo wrote, "It was the shot heard round the bodybuilding world-- Dennis Wolf planned on skipping the FLEX Pro on January 9th in Santa Monica, CA. Rx Muscle broke that story to the feverish bodybuilding fans throughout the world." Does not sound like much of an apology. Neither does, "There could be many factors at play here, but I stand by my story, as of three days ago Dennis Wolf was NOT doing the FLEX Pro Show," according to Singerman on their forum on Friday. "I know exactly what happened, but I'm not at liberty to discuss it. If I had to PROVE that my story was legit, I could... But I see no upside in burning my sources..."

While the issues involved are not earth shattering they are of interest to fans of bodybuilding and to those interested in how modern publishing and promotion works. Palumbo is a talented marketing figure that was fired from Muscular Development several years ago for marketing his new supplement company via his connections while there. His relationship with MD media figures has been contentious ever since. Meanwhile, he has strenghthened his relationship with Weider.

As a populist former competitor and accomplished trainer of many top athletes Palumbos' Rxmuscle site is extremely popular and built on experience, hardwork and connections made while with MD. Just as Weider has forged marketing bonds with Ron Avidan's GetBig.com and even hired his Hardbody.com blogger/photographer Isaac Hinds so to have RxMuscle operatives been making the cross over to Flex. Former RxMuscle.com Vice-President Sean Andros was mined for a media spot at Flex during the 2010 season. Might Aaron Singerman be next? For all the clamor over accuracy or inaccuracy in this case for magazine publishers and RxMuscle it is much more about selling advertising to supplement companies with the help of their sponsored athletes. Advertising run on RxMuscle.com from their very start turned $8000 per month from ALR Industries Supplement Company alone. There are advertising dollars to be made these days online as well as in print.

Flex and Muscular Development magazines sponsor athletes that typically round out all the top finishers for IFBB Pro Shows including the upcoming Arnold Classic and Weider Olympia. As part of these athletes contractual agreements with these magazine titles they are typically prohibited from speaking with any other muscle-media. Yet, Singerman won't acknowledge whether he took the time to contact Wolf, which might have been an immediate gossip crusher. Was this a mere oversight or part of a pattern and strategy?

IFBB Pro Figure winner of the 2010 Phoenix Pro Mindi Smith wrote, "Honestly, I knew that there was going to be a lot of negativity that came from the different sites that have to be 'loyal' to which ever federation's side they're on. Jewbaca (Aaron Singerman) has never had one nice thing to say about me, talks out of his ass, and has never spoken to me directly, nor met me. Out of the two articles he has written about me, none has been correct nor positive and supportive ( the first one had to be taken down ). He wanted to set up an interview a couple days ago, but bailed on me due to his mom's bird getting eaten by her dog and her being out of control. He then contacted me late last night, even at midnight, on Christmas Eve saying he had a deadline and had to do it that night. I'm sorry, but I find that so unbelievably rude on his part. Non the less, he never received a statement from me..."

The media positioning of Rxmuscle operatives and their choice of stories and targets while cozying connections with Weider against Palumbo's old boss is entertaining. It is worth considering that with the connections Palumbo has been building since leaving MD that he may have directed Singerman to do this story targeting an MD property "Wolf" with prior knowledge and tacit agreement at Flex that in turn offered up immediate denials. The end game in this Weider association with RxMuscle is similar to at Getbig properties where they have more channels for their advertorial spin.

Suspended rider, Flavia Oliveira, files suit against supplement manufacturer

By Charles Pelkey
Published VeloNews Dec 17th 2010

Flavia Oliveira, the Brazilian cyclist who recently won a reduction in her suspension for doping, has filed suit against the supplement manufacturer who she says caused the doping violation. Oliveira, who lives and races in the United States, was originally suspended for two years after testing positive for oxilofrine, an amphetamine class stimulant, at the Giro del Trentino Donne in July of 2009. Earlier this month, the International Court of Arbitration for Sport reduced her suspension to 18 months after finding that she had unintentionally ingested mythelsynephrine – the chemical equivalent of oxilofrine – while using a supplement marketed as Hyperdrive 3.0+.

While the World Anti-Doping Code places responsibility on athletes to know the ingredients of food supplements and other products, the panel found sufficient evidence to support Oliveira’s claim that the bottle of Hyperdrive 3.0+ she had used in 2009 did not list *mythelsynephrine on its label. While the panel still found that a suspension was appropriate, it also ruled that the producer’s failure to accurately list its ingredients was enough of a mitigating factor to warrant a reduction in her penalty.

On Friday, Oliveira’s lawyers – California attorney Howard Jacobs and Dan Fleck of Wyoming – filed suit in Federal Court in the Northern District of California, seeking damages from ALR Industries, the company that produced and sold Hyperdrive 3.0+. “I filed suit because … well, it’s not fair,” Oliveira told VeloNews. “It’s not fair that they (ALR) can sell something that doesn’t honestly say what is in it. It obviously caused me a direct problem, but there are a lot of people out there who don’t have to pee in a cup … they should be able to eat or drink something knowing that it doesn’t have something extra – even potentially dangerous – in it if it doesn’t say so on the label. Maybe this will send a message.”

Oliveira, the suit noted, is seeking unspecified general, special and punitive damages for the company’s alleged negligence, its breach of an implied warranty, intentional misrepresentation, negligent misrepresentation and the sale of a defective product. In the 13-page complaint, Oliveira’s attorneys allege that the company made inaccurate representations about the “safety and quality” of its product on the label and but for that assurance, Oliveira would never have consumed it.

The suit contends that the manufacturer either knew or should have known that Hyperdrive 3.0+ contained substances that were not listed on the label. While the supplement industry is not subject to strict Food and Drug Administration regulation, users of defective products have, in the past, successfully sued manufacturers on grounds similar to those outlined in Oliveira’s suit.

While much of the suit focuses on the manufacturer and its failings, perhaps the easiest claim to prove is that the company released a defective product into the stream of commerce. Known as a “strict liability” offense, plaintiffs need not prove negligence, recklessness or malice, but simply that the product was defective, or wasn’t what they said it was when it was sold.

Oliveira claims that the doping violation is a direct result of the company’s failure to properly label its product. While Oliveira said she was pleased with the recent CAS ruling, she remains bothered by the reason she encountered the problem in the first place.

“I think the big thing is that I managed to show that I never intended to break the rules; that I’m not a doper,” she said. “I missed a lot of time, though. I only started racing in 2006 and I was just finding my stride. This completely threw a wrench into my progress and I pretty much have to start over.”

Oliveira said she had even sought ALR’s assistance during her appeal to CAS, asking for examples of past product labels in order to bolster her defense. “They never responded; we’d call or write again and they never responded,” she said. “Finally, they came back to us the day before the hearing and said they would help out … as long as I signed a waiver, promising I’d never sue them.

“As you might have guessed, I didn’t sign it,” said Oliveira. “I think they picked the wrong little person to fight with.” Author L. Rea, CEO of ALR Industries, acknowledged that Hyperdrive 3.0+ did, indeed, contain methylsynephrine, but added that has been included on the dietary supplement’s label.

“Methylsynephrine is a beta agonistic agent, which supports fatty acid release and its utilization for energy positively impacts mood and helps control hunger,” he write in an email submitted by his attorney to VeloNews. adding that all of ALR Industries’ supplements have been labeled in accordance with federal and state law.

“Hyperdrive 3.0+ states on its warning label that ‘(t)his product may contain substance(s) which are banned by various sports organizations,’” he said. “ALR Industries intends to vigorously defend this lawsuit and vindicate themselves from any alleged wrongdoing.”

Flavia Oliveira lawsuit story Musclepapa John's Editors Note:

*The reporter went astray in this portion of the story as "Oxilofrine" was the chemical that Oliveira tested positive for that was not on the ingredient label. The reporter as with the rest of the public Oliveira and even the U.S. Food & Drug Administration have failed to recognize that the named ingredient mythelsynephrine and oxilofrine are amphetamines and as such Schedule II Controlled Substances that are illegal to dispense without a prescription. ALR Industries along with several others are distributing this addictive product in a dietary supplement that is regulated as food not drugs under the legal loophole provided by the Dietary Supplement Health and Education Act of 1994 (DSHEA). Manipulation and marketing of these evolving common names for pharmaceuticals as metabolites, extracts and constituents of "natural" foods rather than drugs is essential to meet the criteria for lax regulation under DSHEA. Focus on the scientific name for the chemical in question C10H15NO2, which is the common denominator in these instances not the names assigned them by the advertising department. From my biology undergraduate studies we were seldom tested on our knowledge of common names versus the scientific ones, which is specific and doesn't allow for BULLSHIT.

Forum Scuttlebutt

Jason Lannigan owner of Siouxcountry.com looks back at the first banner that he put together using other photographers work to promote the growth of his site. Lannigan's site is a chatty place for female athlete built with the support of numerous soft porn oriented sites that have benefited over time in having women openly expressing themselves in one forum.

While photographers such as John Stutz mentioned in this post by Lannigan was the first to ask that his copyrighted photos be taken down from Siouxcountry he was not the last. Attribution is not the issue. JM Manion likewise put Lannigan on notice in 2010 not to post any of his work considering the criticisms Siouxcountry moderators were making of him and his work. Lannigan continues to prove though that anyone can build a successful bodybuilding, fitness, figure and bikini oriented site capable of attracting the elite in the sport and industry without ever having to leave the comfort of home. Lannigan does not attend shows, shoot photos or video, but uses content coverage displayed on other sites by magazine operators, supplement companies and competitors to build a successful business.

Lannigan's Siouxcountry advertising rates are inexpensive by comparison to many of those he mimics. Our site advertised with him for a time for $50 per month. RxMuscle.com by comparison was charging ALR Industries $8000 per month when that forum began several months ago. RxMuscle's Species Supplement Company dual ownerships by Dave Palumbo incorporated the values of a print magazine in that site after being fired from Muscular Development for using his media spot to promote his Species Nutrition products. Who would have thought banner ads, video blurbs and a slice of forum turf could garner that sort of money? Yet, there is much higher overhead at RxMuscle in flying a crew across country to cover a show pay for hotel rooms, food and wages versus sitting at Siouxcountry and snagging the photos and bits of commentary posted on Rx, MuscularDevelopment and Flex.

Savvy competitors and business operators use this playing field to their advantage befriending players at all these principle forums. Some such as Ann and Jack Titone started a video and radio show associated with Siouxcountry and have begun to move operations and association to RxMuscle as the benefits associated with paybacks in sponsorships and closer ties with federation organizers better suits them there. Ann recently received a sponsorship award from Species Nutrition as well. When asked by a female bodybuilder named Heather at Siouxcountry, "what does a species sponsored athlete receive? if I may ask," no response was forthcoming. Does it matter? Or maybe the answer should be obvious as it is all about promotion of her athlete profile, personal training services and IFBB St Louis Pro competition that she and husband Jack are promoting. RxMuscle has in the process of building their brand tied themselves to the movers and shakers of the federations and many leading industry investors in a way that Lannigan has not for right or wrong.

As the 2011 season begins all eyes are on the forums as much as the athletes.

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