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In re Lyman Good Dietary Supplements Litig.,

MMA Fighter Fails to Allege That Dietary Supplement Defendant Fraudulently Sold Product

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Plaintiff Lyman Good brings this action against two manufacturers of dietary supplements, individual officers of the manufacturers, and a retailer. Plaintiff, a mixed-martial arts (“MMA”) fighter, claims that Defendants sold him dietary supplements containing illicit anabolic steroids and thereby caused him to be suspended from the Ultimate Fighting Championship (“UFC”), a professional MMA league. Plaintiff brings numerous contract and tort claims, including breach of warranty, fraud, false advertising, intentional infliction of emotional distress, and products liability. Most Defendants have moved to dismiss at least some of Plaintiff’s claims. Plaintiff moves for leave to amend in response to one of these motions. For the reasons that follow, Defendants’ motions are GRANTED IN PART AND DENIED IN PART. Additionally, Plaintiff’s motion for leave to amend is GRANTED IN PART AND DENIED IN PART.BACKGROUND¹I. Plaintiff’s AllegationsPlaintiff is a professional MMA fighter who has competed in the UFC since July 2015. Mill. Am. Compl. 9; Gaspari Am. Compl. 15.² While under contract with UFC, Plaintiff consumed two dietary supplements, Anavite and Cordygen-VO2 ULTRA. Mill. Am. Compl. 58; Gaspari Am. Compl. 69. Anavite is manufactured by Defendants Gaspari Nutrition, Inc. (“Gaspari Nutrition”) and Hi-Tech Pharmaceuticals, Inc. (“HTP”). Gaspari Am. Compl.

17, 24.³ Cordygen-VO2 ULTRA is manufactured by Defendant Millennium Sport Technologies, Inc. (“Millennium”). Mill. Am. Compl. 10. Both products are sold by numerous retailers, including Defendant Vitamin Shoppe, Inc. (“Vitamin Shoppe”). Gaspari Am. Compl.

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