Coolmore and O'Briens settle case against feed company following contamination before 2020 Arc

The high court proceedings in which Coolmore and their associates, including champion trainer Aidan O’Brien, sued Glanbia Foods Ireland, following the contaminated horse feed saga that emerged on the eve of the 2020 Prix de l’Arc de Triomphe, have been settled. 

In turn, Glanbia’s own legal action against ED&F, an international supplier of the molasses feed ingredient that was blamed for the contamination, has also been settled following a three-way mediation process. 

Along with Coolmore and O’Brien, the trainer’s son Donnacha and eight companies linked to Coolmore issued proceedings against Glanbia Foods in May of last year. 

The action was taken after the O’Brien family – including Donnacha’s brother Joseph, who was not party to the legal proceedings – were compelled to withdraw 11 horses from Longchamp on Arc weekend in 2020. They tested their intended runners after Gain Equine Nutrition – a subsidiary of Glanbia - advised its customers to stop using its feed products once it became aware that batches had become contaminated with Zilpaterol, which is unlicensed in Europe but is used in the US and elsewhere to promote weight gain, mainly in cattle.

Once the O’Briens realised their horses would test positive for the substance, they withdrew all of their intended runners across what was a lucrative weekend at Longchamp. The Arc – the most valuable race in Europe – was worth around €1.6 million to the winner and €3m in total.

Apart from the usual cost of entries, Aidan O'Brien had also sanctioned a €72,000 supplementary fee for Serpentine on behalf of Coolmore. The fallout led to high court proceedings being initiated, while Glanbia claimed in its case against ED&F – which was directed via the Commercial Court (the fast-track division of the High Court that handles business disputes) – that the episode had cost them €9m. 

Following a hearing on Thursday, a statement issued by Gain on Friday said: “Gain Equine Nutrition is pleased to confirm that all parties involved in Commercial Court proceedings related to equine feed contamination in 2020 have concluded a mediation process. The parties are pleased to say that they have reached an amicable settlement of the proceedings on agreed confidential terms."

Gain's head of equine nutrition, Joanne Hurley, added: “We are pleased to conclude this matter on amicable terms. The Gain Equine Nutrition team would also like to take this opportunity to sincerely thank our customers in Ireland and internationally for their support since this issue arose in October 2020.”

Coolmore were approached for comment. 

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