Enhanced Athlete defeats Nutrition Distribution in Federal Court
The competition for athletic supplements is heating up into an outright war. Nutrition Distribution claims that it is the leader of the athletic supplement industry. As part of holding this title, Nutrition Distribution has made itself the watchdog of the industry. In usurping the power of the FDA, it has filed serial Complaints against any corporation they believe to be unfairly eroding their market share with a product called SARMs. However, the various claims made by Nutrition Distribution boil down to “false advertising.” For which they were unable to establish a “causal nexus” in the case of Nutrition Distribution, LLC v. Enhanced Athlete, Inc. et al. (E.D. Cal., Case N. 2:17-cv2069-JAM-CKD).
The civil law does not impute authority for Nutrition Distribution to prohibit supplements that the governing bodies have not banned. For this reason, it appears more likely than not that the litigation is being done for ulterior motives.
The Federal Courts have protections for corporations and individuals who are injured with malicious lawsuits, under the theory of “abuse of process” and “malicious prosecution.” In order to establish a case to prevent unfair attacks by competitors, it is necessary to demonstrate only that the (1) the proceeding was terminated in the favor of the victim; (2) the litigation was unreasonable; and (3) this was not due to the “good faith” belief of the plaintiff.
Many smaller competitors are unable to afford effective legal counsel to protect themselves from this type of vexatious litigation to first establish the “favorable termination” element. Defending against predatory civil lawsuits and investing further into a case to reclaim damages is outrageously expensive. It may cost millions of dollars for unprepared litigants who lack in-house pre-contracted counsel. This is why Enhanced Athlete has described the tactics of Nutrition Distribution as “shakedown” litigation. The claim is that Nutrition Distribution is seeking to bully competitors out of business under duress of vexatious legal bills. Rather than backing down, Enhanced Athlete has fought back; refusing to settle under duress of prolix litigation bills.
Enhanced Athlete is an advanced supplement research and development non-profit. It’s sister companies are Enhanced Coaching and Enhanced Gear. Together, they offer innovative personalized fitness programs, supplements, and a clothing-line for fans of the products. Working out is a part of life for many people. They desire the ability to obtain the latest athletic enhancements and training to achieve the apex of health and performance.
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— Dr. Tony Huge (@enhancedathlete) February 3, 2018