DNA Sports Performance Lab, Inc. v. Major League Baseball
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DNA SPORTS PERFORMANCE LAB, INC., et al., No. C 20-00546 WHA Plaintiffs,
v.
ORDER RE MOTION FOR MAJOR LEAGUE BASEBALL, et al., SANCTIONS 14 Defendants.
16 INTRODUCTION In this false-advertising and unfair competition action, defendant baseball players’ union moves for dismissal and sanctions under FRCP 11. To the following extent, the motion is GRANTED. STATEMENT Plaintiffs, Neiman Nix and his company DNA Sports Performance Lab, Inc. (together “DNA Sports”), sell health supplements “extracted from the shed tissue of elk antlers,” which contain a “naturally occurring, bio-identical form of IGF-1,” a performance-enhancing substance. Major League Baseball (“the league”) and the Major League Baseball Players Association (“the union”) have banned both natural and synthetic IGF-1 under their Joint Drug Prevention and Treatment Program. Following an…