CrossFit Inc. Lawsuit Stands Up To Injury Claims

CrossFit Inc. put forth that The National Strength and Conditioning Association had published incorrect injury data about CrossFit training in an effort to protect the NSCA’s position in the fitness market.

A ruling by the U.S. District Court for the Southern District of California granted CrossFit Inc.’s motion for summary adjudication and found that “…the NSCA fabricated the injury data and published them in [the Journal of Strength and Conditioning]…with the intention of protecting its market share in the fitness industry and diminishing the burgeoning popularity of the CrossFit program.”

The Court simultaneously denied a motion by the NSCA to dismiss the suit. The study is known as the Devor Study.

The Court also discussed how the NSCA published the study a second time after CrossFit Inc. presented the NSCA with detailed evidence of scientific misconduct.

“Looking at the communication from the JSCR editorial staff to the Devor Study authors (directing them to include the injury data where the original draft of the study had none), a reasonable fact finder could conclude that the NSCA pressured the authors to include data disparaging CrossFit’s exercise regimen, and the editor-in-chief’s admonition could be construed as a veiled threat that the JSCR would not be interested in publishing the Devor Study if it did not include information showing “the fact many people do get injured doing these types of workouts, whether or not that ‘fact’ was true in this qualitative study,'” the ruling states.

CrossFit does not use the same accrediting organization as the NSCA. CrossFit’s courses and certifications are accredited by the American National Standards Institute (ANSI).

Moving forward, CrossFit Inc.’s case will focus on remaining issues surrounding whether the false injury data and other false representations in the Devor Study coerced and published by the NSCA: 1) were used in a commercial manner; 2) deceived or were likely to deceive consumers; 3) were used in interstate commerce and 4) caused CrossFit competitive or commercial injury.