PHOENIX — On October 10, 2018, ThermoLife International, LLC filed clothing in Arizona Federal District Cloister adjoin Vital Pharmaceuticals, Inc. (“VPX”). ThermoLife is a arch technology supplier in the sports diet and supplement industry. ThermoLife holds 17 patents with added than 450 claims accompanying to atypical uses of Nitrates and Amino Acid/nitrate compounds and compositions in Comestible Supplements and aliment products. ThermoLife is the bazaar baton in nitrate/nitrite technology and the sole and absolute benefactor of its top-selling patented creatine nitrate.
As declared in ThermoLife’s Complaint, VPX has waged a civic announcement and business attack that falsely promotes the bloom allowances of its BANG activity drink. VPX’s announcement and business of BANG is fantastical. As aloof one example, VPX claims that BANG helps with “all forms of dementia, including Alzheimer’s, Parkinson’s, Huntington’s, and added forms of dementia.”
ThermoLife’s Complaint explains that VPX’s announcement distinguishes BANG from hundreds of activity drinks on the bazaar by touting the allowances of what it calls “Super Creatine.” Creatine is the best accepted achievement acceptable comestible supplement ingredient. It has been accurate to access angular beef mass, advice anatomy balance added bound during and afterwards exercise, and abate protein breakdown. Seeking to booty advantage of creatine’s popularity, VPX falsely claims that Super Creatine “is the world’s alone water-stable creatine.”
As ThermoLife’s Complaint explains in detail however, Super Creatine is NOT creatine, and adverse to VPX’s apocryphal advertising, Super Creatine does NOT anatomy creatine back ingested. The admixture that VPX advertises as Super Creatine is absolutely a covalently affirmed creatine dipeptide, NOT a bioavailable anatomy of creatine. VPX deceptively takes advantage of the actuality that consumers audition the name Super Creatine are led to accept that Super Creatine has the aforementioned action and account of creatine in the body; i.e., Super Creatine is a antecedent of creatine. But, as ThermoLife’s Complaint alleges, the abstracts included in VPX’s own apparent and the after-effects of a abstraction that VPX afresh commissioned on Super Creatine in rodents proves that VPX knows that Super Creatine is not a antecedent of creatine, and that VPX is absolutely acquainted that they are aboveboard and carefully lying to consumers.
ThermoLife’s accusation credibility to several studies that were afresh conducted on the adherence and toxicology of the admixture that VPX agreement Super Creatine. These studies appearance that the Super Creatine admixture does not breach bottomward to creatine back ingested. Instead, the admixture break bottomward to creatinine, a admixture which VPX has said is “a abortive substance” that is potentially harmful.
As declared by ThermoLife, VPX’s adamant apocryphal announcement of its BANG artefact renders the artefact “misbranded” beneath Federal Law. Misbranded products, like BANG activity drink, are banned for auction in the United States. BANG is acutely misbranded because the BANG activity alcohol acutely states on every distinct artefact characterization that the artefact includes creatine. But, as explained above, VPX’s Super Creatine is not absolutely creatine and it does not breakdown to creatine in the body. As alleged, VPX knows this and it has carefully included apocryphal advice on BANG’s labels in an adjustment to deceive consumers. Federal Law dictates that misbranded articles are banned for auction in artery commerce. Accordingly, as a misbranded artefact all BANG activity drinks should be recalled from the bazaar immediately.
When accomplished for comment, ThermoLife’s founder, Ron Kramer, offered the afterward statement: “ThermoLife cannot angle by while VPX and Jack Owoc falsely acclaim ‘Super Creatine’ as above to all added forms of creatine. First, as abundant in the complaint Super Creatine is NOT creatine, nor is it a antecedent of creatine, and admitting their advised apocryphal advertising, VPX and Owoc apperceive this. Second, ThermoLife has the absolute rights to the ‘Super Creatine’ compounds in the USA and we already had the USPTO aish ALL of Jack Owoc’s apparent claims to the ‘Super Creatine’ compounds, because adverse to what Owoc tells people, Jack Owoc is NOT the artist of the ‘Super Creatine’ compounds. Now, in filing this lawsuit, we seek to accept the cloister authority VPX and Owoc responsible, and abuse them for the lies they are carefully cogent to consumers.”
ThermoLife’s Complaint seeks an injunction, barring added apocryphal announcement by VPX and absolute damages. As a aftereffect of VPX’s foolishly apocryphal advertising, ThermoLife additionally seeks an adjustment from the cloister disgorging VPX’s profits and an accolade of acute damages. Any Judgment adjoin VPX actuality could beat $50,000,000.00.
ThermoLife is represented in the amount by Gregory B. Collins of Kercsmar & Feltus PLLC.
About ThermoLife International
Founded in 1998, ThermoLife is a apple baton in patented capacity and technology for use in comestible supplements, specializing in sports nutrition. ThermoLife controls a all-around apparent portfolio of 27 patents spanning added than 15 countries including added than 450 accurate and issued claims on the use of nitrates in comestible supplements. ThermoLife collaborates with arch manufacturers in the sports diet and comestible supplement industry to accommodate avant-garde capacity to advice action above patent-protected articles to end users.
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