The second lawsuit regarding the ongoing SARMs controversy surfaced earlier this month:
Nutrition Distribution LLC is suing Revolt Pharma over their sale of SARMs.
The complaint was filed in Arizona with the allegation of False Advertising (per the Lanham Act § 43 (a)(1)(B)).
The initial complaint is now publicly available:
The Lawsuit Summary
- Revolt Pharma is being sued over the use of the SARMs Ligandrol (LGD 4033), Andarine S4, and Cardarine (GW-1516).
- The complaint alleges that the defendants (Revolt Pharma) have misbranded these products as “dietary supplements”.
- The complaint discusses that the defendant’s products “are prescription drugs because they contain SARMs and, therefor, ‘present significant potential safety risks to consumers who take them without the supervision of a practitioner licensed by law to administer such drugs.'”
- Nutrition Distribution (the plaintiff) does their supplement business as Athletic Xtreme. They use their testosterone-boosting supplement, Advanced PCT, a natural product which competes with Revolt Pharma’s products.
- The complaint states that “side effects for SARMs are not fully known, since they are still undergoing testing on rats by pharmaceutical companies.”
- They are suing for the following:
- Preliminary and permanent injunctive relief – Revolt Pharma may no longer produce, license, market, or sell Ligandrol (LGD-4033), Andarine S4, or Cardarine (GW-1516).
- An award for damages to be decided at trial
- An award of any and all of Revolt Pharma’s profits from these products, as well as ill-gotten gains, treble damages, and punitive damages
- Costs and attorney’s fees any other relief the court deems appropriate.
Revolt Pharma: No longer selling SARMs, Website is “Under Construction”
Since this was filed, it seems that Revolt Pharma’s website is now “under construction”, and they are no longer selling SARMs. Their products are still available in some retailers, however.
Given that the Department of Justice no longer seems to be ignoring this industry, could the two-pronged attack of private companies and government spell the end for SARMs? It seems more likely now than ever.
Past Nutrition Distribution Interview quote:
From an interview on Natural Products Insider:
“Companies, like Nutrition Distribution, cannot compete in the marketplace when so many competitors sell products with ingredients that the FDA categorizes as unapproved or prescription drugs such as SARMs,” said Michael Keplinger, vice president of Nutrition Distribution, in an emailed statement. “Our main goal is to get products that contain these types of ingredients off of the market.”
That article is also quick to point out that Athletic Xtreme once operated as Anabolic Resources / Anabolic Xtreme, and was fined $500,000 and $100,000 for having adulterated supplements in 2011. Keplinger stated that they took responsibility for their actions and fixed their issues, but clearly do not seem happy that few other companies have done the same, making for an unfair playing field.
POM Wonderful vs. Coca-Cola Made this Possible
Like the past lawsuits, this suit became possible due to the US Supreme Court’s decision to allow POM Wonderful to sue competitor Coca-Cola over Coke’s “Pomegranate Blueberry Flavored Blend” (which contained only 0.3% pomegranate juice).
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- Cornell University Law School; Legal Information Institute; “15 U.S. Code § 1125 – False designations of origin, false descriptions, and dilution forbidden”; Retrieved from https://www.law.cornell.edu/uscode/text/15/1125
- Long, Josh; “Supplement Marketer Sues Competitors to Target Drug-Tainted Sports Products”; Natural Products Insider; October 22, 2015; Retrieved from http://www.naturalproductsinsider.com/blogs/supplement-law/2015/10/supplement-marketer-sues-competitors-to-target-dr.aspx
- Berfield, Susan; “Pom Wins in the Supreme Court. Now it’s Pom v. Coke, Round 2”; Bloomberg Business; June 12, 2014; Retrieved from http://www.bloomberg.com/bw/articles/2014-06-12/supreme-court-rules-pom-wonderful-can-sue-coke-over-misleading-label
- Dalton, J; US Patent 8853266: “Selective androgen receptor modulators for treating diabetes”; April 13, 2007; Retrieved from https://www.google.com/patents/US8853266