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In re Lyman Good Dietary Supplements Litigation

Suspended Martial Arts Fighter Lacks Evidence Multivitamin Contains Illicit Steroid

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OPINION AND ORDER   This action stems from Plaintiff Lyman Good’s suspension from the Ultimate Fighting Championship (“UFC”) after testing positive for 1-androstenedione (“1-A”), an illicit anabolic steroid. Plaintiff claims that Anavite, a dietary supplement sold and manufactured by Defendants, contained 1-A and caused his positive drug test and resulting suspension. Plaintiff asserts claims for: (i) breach of express warranty; (ii) breach of implied warranties; (iii) violations of New York General Business Law §§349-50; (iv) products liability under strict liability and negligence theories; and (v) general negligence. See Second Am. Compl. (“SAC”), Dkt. 60. Defendants have moved for summary judgment on all claims pursuant to Federal Rule of Civil Procedure 56. Dkt. 126. For the following reasons, Defendants’ motion is GRANTED. BACKGROUND1 Plaintiff is a professional mixed martial arts fighter who has competed in the UFC since July 2015. Defs.’ 56.1 Stmt. 1. The UFC subjects its athletes to a performance enhancing drug (“PED”) monitoring program overseen by the United States Anti-Doping Agency (“USADA”). Id. 2. As part of his contract with the UFC, Plaintiff agreed to submit to random PED tests administered by the USADA. Id. 3. On October 14, 2016, Plaintiff took a PED test; on October 24, 2016, the lab results revealed that Plaintiff had tested positive for 1-A and its metabolite 1-(5α)-androsten-3α-o1-17-one.2 Id.

4-5; Marck Decl., Ex. 1. 1-A is a banned PED and its presence in Plaintiff’s urine would typically result in suspension from the UFC. Id. 6. Indeed, after Plaintiff tested positive for 1-A, the USADA suspended him for two years; his suspension was later reduced to six months. Pl. 56.1 Stmt. 42. At some point before his drug test in October 2016, Plaintiff claims he consumed Anavite, a multivitamin sold and manufactured by Defendants.3 Id.

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