Barnett sues supplement maker
Josh Barnett lawsuit: “He has lost, and continues to lose income. He has also suffered and continues to suffer reputational harm and emotional distress.”
UFC heavyweight Josh Barnett recently became the first fighter to be exonerated by USADA’s third-party arbitrator process. That’s a victory, but he lost a lot. The failed test, for ostarine, was submitted on Dec. 9, 2016. Barnett was pulled from a $275,000 payday, he will be out for years as he has to re-enter the USADA testing pool for six months, he was out countless thousands of dollars for attorney’s fees, countless fans thought he did it which he didn’t, and he felt terrible.
The Warmaster says he began taking the supplement Tributestin, believing it contained tribulus terrestris, a legal herb that is believed in some quarters to boost testosterone. Barnett kept scrupulously careful records, including samples of each supplement he took.
Tests showed that the supplement, which was manufactured by the Los Angeles firm Genkor, was contaminated with ostarine. USADA independently tested Tributestin, and also found contamination.
Josh Barnett is a fighter, and is fighting back. On Monday he filed a lawsuit against Genkor charging negligence, breach of implied and express warranty, and strict product liability.
He has lost, and continues to lose income, states the suit, according to Steven Marrocco for MMAjunkie. He has also suffered and continues to suffer reputational harm and emotional distress.
Barnett’s attorney Peter Fredman believes that Barnett diligence in tracking all his supplements serves as a role model for other fighters.
If they could identify a solvent supplement maker that sold them a tainted supplement, they would have good cases, too, Fredman said. The fact that you sell a tainted supplement is a pretty serious thing.