Second Circuit – Nonconsensual ingestion: Asinga v. Gatorade Co.

United States Court of Appeals for the Second Circuit

Nonconsensual ingestion — Products liability — False representation

Asinga v. Gatorade Co.

25-1378

Judges Lohier, Jacobs, and Cabranes

Background: The plaintiff appealed from the dismissal of his claims that the defendant wrongfully caused him to ingest a banned substance that disqualified him from elite track and field participation. He argues his body chemistry caused a host of economic impacts on his education and career. The district court invoked the economic loss doctrine which holds that, absent an injury to person or property, economic harms should be resolved in contract. The court also dismissed the tort claims as the bodily change was undetectable except by testing.

Ruling: The Second Circuit certified a question to the New York Court of Appeals as it has yet to decide how an unwanted bodily change of this nature and its consequences should be regarded under tort law.

Alexis G. Chardon, of Garmey Law, for the plaintiff-appellant; Jessica Ellsworth, of Hogan Lovells, for the defendant-appellee.

Oral argument audio