Ferreira files lawsuit against supplement makers and supplier for allegedly causing USADA suspension

July 29, 2018

Carlos Diego Ferreira Neves has filed a lawsuit against supplement vendors, manufacturers and suppliers which resulted in the lightweight being suspended for 17 months.

The lawsuit filed last month In the District Court of Hidalgo County, Texas states that Defendants spiked “360 Lean, a “dietary nutritional supplement” with ostarine while also misleadingly adding a prohibited substance known as 7-Keto® DHEA, causing Plaintiff to suffer severe injuries after being banned from the UFC.”

Ferreira notes that the label of 360Lean did not accurately list 7-Keto® DHEA and later changed its description in subsequent batches. The lawsuit states, “[R]epresenting that the supplement contained, 7-Keto®, without indicating the product contained a hormone was wholly deceptive, misleading, and fraudulent.”

7-Keto® DHEA and Ostarine are banned substances and 360Lean was placed on the USADA High Risk List in Februar 2017 “after testing of Lot Number 9004637 revealed the presence of 7-Keto® DHEA and ostarine.

In September 2016, a sealed unopened bottle of 360Lean was sent to a WADA accredited lab where Plaintiff discovered that he had unknowingly and through no fault of his own ingested ostarine from the product 360Lean.  Ferreira was charged with a UFC Anti-Doping Violation in November 2016.

Ferreira is suing Zinpro and Impact Labs as the developers, manufacturers, marketers and distributors of 360Lean.  Vitamin Shack & Shakes sold the 360Lean product.

The lawsuit states a variety of causes of action including negligence, breach of express warranty, breach of implied warrantied and fraud against Zinpro Corporation and Impact Labs.  Ferreira also claims that the Defendants are guilty under the theory of strict liability for products liability.

Ferreira First Amended Petition by JASONCRUZ206 on Scribd

The store where Ferreira purchased 360Lean has filed a cross-claim against the Zinpro and Impact Labs for allegedly misleading consumers with its label.

Payout Perspective:

This is the fourth lawsuit since the UFC Anti-Doping policy was implemented where a fighter has sued a supplement maker, manufacture and distributor.  Josh Barnett, Yoel Romero and Lyman Good also filed lawsuits against supplement makers and the places where they purchased the alleged tainted goods which caused them to receive suspensions as a result of the findings.

In products liability cases (lawsuits where the claim is that a product is defective), there is a higher standard on the manufacturer or seller to ensure that the user is not harmed.  In this instance, one could argue Ferreira was not harmed in the sense of physical injury.  He was harmed since he had to ensure he did not ingest a banned substance per the UFC Anti-Doping Policy.  The question will be whether the Defendants knowingly misled consumers with the amendment of its description on the label.  This will make a very interesting case as it continues.  MMA Payout will continue to follow.

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