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.
Lyman Good filed such a suit in 2017 as did Tim Means. Earlier this year Yoel Romero also filed such a lawsuit along with Josh Barnett now Carlos Diego Ferriera has as well.
Ferreira was flagged for a potential Anti-Doping Policy violation, stemming from a 2016 out-of-competition sample collection and pulled from his scheduled UFC bout against Abel Trujillo on May 29, 2016 in Las Vegas. The NSAC suspended Ferreira 12 months revealing the prohibited substance was Ostarine. USADA, handed Ferreira a 17 months suspension for the same infraction.
Ferreira has filed suit in the District Court of Hidalgo, Texas, against the supplement manufacturer alleging a host of largely overlapping claims including Breach of Warranty, Fraud, Strict Products Liability, Negligence, Battery and Infliction of Emotional Distress.
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 Ferreira can face economic and reputational harm.
The allegations have not yet proven in Court. It is worth noting that in handing Ferreira a lesser punishment than they could have USADA stated that their independent investigation “conclusively confirmed that although the supplement only listed one prohibited substance as an ingredient (7-keto-DHEA), it actually contained 7-keto-DHEA and a second undeclared prohibited substance (Ostarine) as well“.
Ferreira is seeking damages for “actual damages…for not less than $1,000,000“, exemplary damages and Court costs.
The full allegations can be found here – Diego Ferreira First Amended Petition