source: The Times
Coolmore Stud has lodged High Court proceedings against Glanbia Foods Ireland in relation to equine feed that was contaminated with a banned substance when it was given to the stable’s racehorses in October 2020.
Coolmore, and several related parties, including the trainers Aidan O’Brien and his son, Donnacha, are all named among the plaintiffs in the High Court action. They are represented by Mason Hayes Curran.
The action is believed to relate to issues with Gain Equine Nutrition, a popular horse feed product that became contaminated with zilpaterol, a prohibited substance for racehorses, in 2020. The contamination forced Coolmore and O’Brien to pull their horses out of a series of races, including the Prix de l’Arc de Triomphe in Paris in October 2020, a race with up to €3 million in prize money at stake.
Aidan O’Brien reportedly switched his horses to another feed after zilpaterol was found in five horses that consumed the Glanbia feedstuff. At the time he said samples taken from horses he was intending to race at Longchamp had initially tested negative for zilpaterol but had subsequently tested positive following further tests in France.
Zilpaterol, an anabolic steroid, is used to promote weight gain in cattle but is banned in horseracing because of its potential to improve performance. It is banned in the European Union.
In March Glanbia Foods Ireland lodged a legal action against ED&F Man Liquid Products Ireland. It claims the zilpaterol discovered in its feed in October 2020 originated in molasses products supplied by the company. The company claimed its losses from the scandal amounted to €9 million.
Glanbia argues that its supplier was negligent and in breach of contract when it supplied defective and contaminated products. It argues the company failed to carry out adequate testing and inspection of its molasses. It said at the time it was facing claims by customers of over €4 million.
As well as seeking damages, Glanbia is seeking indemnity from third party claims. The case has been admitted to the Commercial Court and is due for mention next month.
Coolmore said it could not comment on its High Court action as “the matter is the subject of ongoing court proceedings”. Glanbia Foods Ireland said it currently had a claim against ED & F Man before the Commercial Court in relation to this matter. “It would therefore be inappropriate to make any further comment at this time,” it said.
