Abstract
In Germany produced nutritional supplements show a considerable percentage of undeclared contamination of nandrolon metabolits. Drug tests can lead to a positive result by taking these substances. The result is a temporary suspension of the athlete, often even a two years' disqualification. The resulting financial loss can lead to claim compensation from the manufacturer of contaminated nutritional supplements. If supplements contain illegal substances according to the anti-doping-regulation, they have to be regarded as drugs, according to the extension of the drug definition by the Federal Supreme Court. Nutritional supplements that contain undeclared illegal substances contravene the duty of declaration of the law governing the manufacture and prescription of drugs. If an athlete can prove the relation between contaminated supplement and a positive doping test, he is entitled, according to the present legal right, to receive a compensation from the manufacturer of this product. He is entitled to receive financial compensation for the damages that can be put down to the pollution. Regarding nutritional supplements, physicians should only act in an advisory capacity to the athlete according to reasons of legal liability. In consultation with the athlete, the physician have the duty to inform the athlete about substances that nutritional supplements can contain and are illegal according to the anti-doping-code.
| Translated title of the contribution | Present developments in law with regard to liability for contaminated nutritional supplements |
|---|---|
| Original language | German |
| Pages (from-to) | 260-263 |
| Number of pages | 4 |
| Journal | Deutsche Zeitschrift fur Sportmedizin |
| Volume | 54 |
| Issue number | 9 |
| State | Published - 2003 |
| Externally published | Yes |