Letter to the Editor: Karl Nobert, ReCellerate, Inc.

We are writing in response to Bill Finley's article from last week discussing the New York Gaming Commission's suspension of Mr. Wayne Potts.

Our company, ReCellerate, developed the product EquiFlow (concentrated protein serum) that was found in Mr. Potts's barn and the basis for his 45-day suspension, for the treatment of Exercise Induced Pulmonary Hemorrhage (“EIPH”) or bleeding.

Last week,the company issued a press release discussing EquiFlow and addressing some of the misunderstanding about the product in the market. We also confirmed that we have no affiliation with Mr. Potts, we never sold him the product and he has never been involved in one of our investigational studies. We would greatly appreciate it if you would publish a follow-up to Mr. Finley's article citing our lack of affiliation with Mr. Potts and providing information about the product.

We have had incredible success with EquiFlow in investigational testing to date. The product has undergone preliminary testing in horses both here and in Dubai, and the results have shown that the product is both safe and effective for the treatment of EIPH or bleeding. Nearly 40 horses have been involved in such studies. Based on this success and other generated safety data, we are pursuing U.S. regulatory approval.

When approved, EquiFlow will likely be the only federally approved alternative to Lasix. Rather than simply reducing the symptoms of EIPH, our product actually treats the condition by facilitating the regeneration of the ruptured vascular wall that is the source of bleeding.

We would appreciate your assistance with informing readers, including trainers, owners and fans about the ReCellerate product.

Best regards,

Karl M. Nobert, ReCellerate, Inc

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Ken McPeek Talks Derby Hopefuls Tiz the Bomb, Smile Happy On Writers’ Room

Housing as many as three GI Kentucky Derby starters in his barn, trainer Kenny McPeek joined the TDN Writers' Room presented by Keeneland as the Green Group Guest of the Week Tuesday to discuss Tiz the Bomb (Hit It a Bomb)'s dirt prospects and potential summer European campaign, his plan for likely GI Toyota Blue Grass S. favorite Smile Happy (Runhappy) to run in all three Triple Crown races, his thoughts on the continuing phase-out of Lasix in American racing and more.

Tiz the Bomb, a dual stakes winner and GI Breeders' Cup Juvenile turf runner-up at two, bounced back from a seventh-place run in Gulfstream's GIII Holy Bull S. to sweep a pair of synthetic-track stakes at Turfway, and will head to Louisville after being considered for a start at Newmarket in the Apr. 30 G1 2000 Guineas.

“When we ran him in Florida, the colt didn't handle the Gulfstream surface and the kickback,” McPeek said. “That surface is a little bit different, it's deep, sand-based and he just didn't go for it. I sent him to Turfway to get his confidence back in the [John] Battaglia and that worked out. So the natural next step was the Jeff Ruby and he punched, and ran a super race. I actually felt like he would be a great horse to take over for the 2000 Guineas, and the undulation of Newmarket wasn't any harder or actually could be easier than his victory at Kentucky Downs [in the Kentucky Downs Mile S.]. But due to some logistics and technicalities, he's not going to go, and our next option is either a turf race at Churchill or the Kentucky Derby. I really think at this point, the horse probably deserves a chance.”

As for Smile Happy, a no-doubt Derby contender who will make just his second start as a 3-year-old in Saturday's Blue Grass after a runner-up effort in the GII Risen Star S., McPeek said, “This is a really special colt. I've been sitting on this horse like a keg of dynamite for months now. I didn't want more than two preps going into the Kentucky Derby. I think the [Derby qualifying] points he got in Louisiana will more than likely get him in. I want to see him run well in the Blue Grass, obviously, and being a Lexington boy, it's always fun to win the Blue Grass. I didn't want to over-race this horse this winter. I really sat on him for a reason, because I think he's a horse that can handle the progression of the Derby, Preakness and Belmont. And you've got to have some juice in the tank for those races. If you're already a little tired or you've overdone it going into those three races, obviously your horse is going to be taxed. But he could set up really well for those.”

Elsewhere on the show, which is also sponsored by Coolmore, the Pennsylvania Horse Breeders' Association, XBTV, West Point Thoroughbreds and Legacy Bloodstock, the writers reacted to Secret Oath (Arrogate)'s valiant but losing performance in the GI Arkansas Derby, the beginning of Bob Baffert's 90-day suspension and the latest shenanigans surrounding banned trainer Wayne Potts. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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Weekly Rulings: March 29-April 4

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

CALIFORNIA
Track: Santa Anita
Date: 04/02/2022
Licensee: Bob Baffert, trainer
Penalty: Ninety-day suspension
Violation: Reciprocity of out-of-state medication violation penalty
Explainer: Pursuant to California Horse Racing Board rule #1484 (Evidence of Unfitness for License) the following ruling is issued in reciprocity after receiving notice of suspension from the Kentucky Horse Racing Commission, ruling (21-0009) dated February 21, 2022, issuing Trainer/Owner Robert Baffert ninety suspension days. Robert Baffert is suspended for 90 days (April 4, 2022, through and including July 2, 2022).

Track: Santa Anita
Date: 04/02/2022
Licensee: Mario Gutierrez, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mario Gutierrez, who rode ARDIS in the fourth race at Santa Anita Park on April 1, 2022, is suspended for 3 racing days (April 9, 10 and 15, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of his mount from second to third place. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 04/03/2022
Licensee: Jonathan Wong, trainer
Penalty: $400 fine
Violation: Late registration of Lasix
Explainer: Trainer Jonathan Wong is fined $400.00 for violation of California Horse Racing Board rule #1845 (Authorized Bleeder Medication – late registration) of My Kentucky Girl in the eighth race on April 2, 2022, at Santa Anita Park.

Track: Santa Anita
Date: 04/03/2022
Licensee: Ryan Curatolo, jockey
Penalty: $750 fine
Violation: Excessive use of the whip
Explainer: Jockey Ryan Curatolo is fined $750.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times–second offense within the past sixty days) during the third race at Santa Anita Park on April 2, 2022.

Track: Santa Anita
Date: 04/03/2022
Licensee: Diego Herrera, apprentice jockey
Penalty: $500 fine
Violation: Excessive use of the whip
Explainer: Apprentice Jockey Diego Herrera is fined $500.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times) during the ninth race at Santa Anita Park on April 2, 2022.

NEW YORK
Track: Aqueduct
Date: 04/03/2022
Licensee: Kendrick Carmouche, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to appeal Jockey Kendrick Carmouche is hereby suspended three NYRA racing days April 14th 2022, April 15th 2022, April 16th 2022 inclusive. This for careless riding during the running of the eight race at Aqueduct racetrack on March 31st 2022. Suspended: 04/14/2022 to 04/16/2022 (3 days).

Track: Aqueduct
Date: 04/03/2022
Licensee: Wayne Potts, trainer
Penalty: Forty five-day suspension
Violation: Discovery of non-FDA approved drug on trainer grounds
Explainer: Trainer Mr. Wayne Potts for having waived his right to appeal is hereby suspended 45 calendar days April 10th 2022, through May 6th 2022 inclusive, and again June 6th through June 23rd 2022 inclusive, due to a previous ruling (suspension) handed down by the New Jersey Racing Commission. This for the finding of a drug in your tackroom that has not been approved by the FDA for use in Thoroughbred horses. Ordered that during your period of suspension, you shall not directly nor indirectly participate in New York State pari-mutuel horse racing. You are denied the privileges and use of the grounds for all racetracks in New York State. You are forbidden to participate in any share of purses or other payments. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that is (a) owned or trained by you, or by individuals who serves as your agent or employee during your suspension; or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advice or other information or otherwise assist with any aspect of the training of such horses. Suspended: 04/10/2022 to 06/23/2022 (45 days).
Read more about the issue here.

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Potts Faces Lengthy Suspension After Drug Found in His Tackroom

Embattled trainer Wayne Potts was hit with a 45-day suspension Sunday by the New York Gaming Commission, which charged that a drug found in his tackroom was not approved by the FDA for use in Thoroughbred horses. The suspension is set to begin Apr. 10. Potts has waived his right to an appeal.

The drug was found Feb. 17.

The New York regulators decided to divide up Potts's 45 day-suspension so that it correlates with still another suspension he is facing, one from the New Jersey Racing Commission. In January, the New Jersey commission posted a ruling in which Potts and his assistant trainer Bonnie Lucas were hit with a 30-day suspension and a $1,000 fine for “conduct detrimental to racing.” On Aug. 6, 2021, Potts allegedly told Lucas to not permit one of his trainees to be vanned off the track after a race at Monmouth Park despite an order to do so from the New Jersey Racing Commission (NJRC) veterinarian. That suspension is set to begin on opening day at Monmouth, which is May 7.

Beforehand, Potts will serve the first part of his New York suspension. After the New Jersey suspension has run its course, Potts will serve the remainder of the New York suspension. All together, his suspension adds up to 75 days and runs from Apr. 10 through June 23. Potts was the leading trainer at Monmouth last year.

Potts declined to comment when reached via text by the TDN, but forwarded a letter from the company Recellerate to the New York Gaming Commission regarding a product called Equiflow, which is purported to be a treatment for exercise induced pulmonary hemorrhage (EIPH). It goes on to describe Equiflow as “an investigational stem-cell derived concentrated protein serum developed as a treatment to EIPH.” The letter, signed by Recellerate President Karl Norbert, maintains that the product is not a performance-enhancer. Norbert writes that the FDA has approved no stem cell products for horses to date, which means that if Equiflow is regarded as an illegal substance then any horse treated in New York with any stem cell therapies would be subject to being excluded from racing.

In what appears to be unrelated to the finding of the non-FDA approved drug, NYRA announced last week that Potts was among six trainers who, effective last Wednesday, had lost their stall privileges and would be required to remove all their horses from the Belmont Park backstretch. However, Potts and the rest were being permitted to run at the NYRA tracks, for now, a moot points since Potts will be sidelined until late June.

Potts also ran afoul of authorities during last year's Saratoga meet when it was alleged he violated rules regarding a claim, which resulted in a 30-day suspension. The New York Gaming Commission charged that the horse, Mach One (Air Force Blue), was claimed by Potts's owners Frank Catapano and Nicholas Primpas by trainer Amira Chichakly and then transferred to Potts. Potts claimed another horse from the same race and trainers are not allowed to claim more than one horse in any given race.

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