update June 22, 2020 – Today it was reported that Good’s claim was dismissed.
In 2016 UFC fighter Lyman Good tested positive for 1-androstenedione, a substance banned by the United States Anti Doping Agency. Testing traced the product back to a dietary supplement Good was taking which did not list the substance on its label.
Good was nonetheless suspended for 6 months under the UFC’s anti-doping policy as it operates on a strict liability basis.
Good is now looking for damages and has sued the manufacture and the vendor of the supplement arguing they “are conducting an on-going, fraudulent scheme to adulterate certain products with anabolic steroids and misbrand those products as ‘dietary supplements’ to defraud customers.“.
The lawsuit was filed in the Supreme Court of the State of New York. The Defendants have yet to respond to the lawsuit.
The claim alleges the following causes of action:
- Breach of Express Warranty
- Breach of Implied Warranty of Merchantability
- Breach of Implied Warranty of Fitness for a Particular Purpose
- Violations of New York Statutory Deceptive Acts and Practices
- Violations of New York Statutory False Advertising
- Assault and Battery
- Reckless/Intentional Infliction of Emotional Distress
- Strict Liability in Tort for Products Liability
- Negligence Theory of Products Liability
- General Negligence
Good is electing trial by jury and is seeking compensatory damages, damages for diminished earning capacity, damages for past lost earnings including lost sponsorship opportunities and punitive damages.