A recent trend in Mixed Martial Arts is fighters failing an anti-doping test, being exonerated (or at least minimizing punishment) by tracing the source back to tainted supplements and then suing the supplement manufacturer.
Barnett is the first athlete to succeed in taking a ‘tainted supplement’ claim to arbitration under the UFC/USADA Andi-Doping Program and escaping punishment. The veteran fighter was found to have exercised “a very high level of diligence” in unwittingly ingesting a banned substance traced back to a contaminated product.
As first reported by MMAJunkie’s Steven Marrocco, Barnet has now filed suit against the supplement manufacturer.
A complaint was filed in the Superior Court of the State of California, County of Los Angeles, suing Biokor, LLC, the company Barnett alleges is responsible for his positive drug test.
The lawsuit advances four causes of action.
- Strict Products Liability
- Breach of Implied Warranty
- Breach of Express Warranty
In a nutshell all these causes of action allege that the product sold did not disclose that it contained ostarine, and the manufacturer should know that by selling such a product athletes such as Barnett can face economic and reputational harm.
The allegations are not proven in Court. Barnett is seeking trial by jury.