PHOENIX, Dec. 13, 2018 /PRNewswire/ -- On December 12, 2018, ThermoLife International, LLC filed suit in Arizona Federal District Court against BPI Sports, LLC. ThermoLife is a leading technology supplier in the sports nutrition and supplement industry. ThermoLife controls a global patent portfolio of at least 27 patents spanning more than 15 countries including 19 patents with more than 450 claims related to novel uses of Nitrates and Amino Acid/nitrate compounds and compositions in Dietary Supplements and food products, including Branch Chain Amino Acid ("BCAA") nitrates.
As alleged in ThermoLife's Complaint, BPI is a market leader in BCAA supplementation. BPI's top-selling BCAA products include: Best BCAA, BCAA w/Energy, BCAA Shredded, Keto Aminos, Best Aminos, and Essential 9. BPI's market dominance in BCAA supplementation results from the fact that BPI advertises what it claims are "peptide linked" "bonded amino acid" BCAAs that form the basis of what BPI calls "Oligopeptide-Enzymatic Technology." BPI even claims it has created tetrapeptide bonded BCAAs.
ThermoLife's lawsuit alleges that independent laboratory testing on BPI's products has revealed that BPI's top-selling Best BCAA products do not contain "peptide linked" BCAAs, much less tetrapeptides or "Oligopeptide technology." Independent lab analysis proves the BCAAs in BPI's products are "free form" BCAAs. BPI's products are not unique or special; in fact, as explained in ThermoLife's Complaint BPI's products provide less actual BCAAs than most other BCAA products on the market. For example, ThermoLife's Complaint has revealed that independent laboratory analysis of "Best BCAA" has shown that one serving (10 grams) of Best BCAA contains only 1.25 grams of "free form" BCAAs and zero grams of peptide bonded BCAAs. And, as further explained in ThermoLife's Complaint, in addition to falsely advertising the type of BCAAs in their products–in many cases–BPI's BCAA Products contain less BCAAs than BPI advertises on its product labels.
ThermoLife's Complaint goes on to explain how BPI claims on its product labels, and in its advertising, that its BCAA products are independently verified by well-known testing lab ChromaDex. But, as alleged by ThermoLife, independent verified lab tests submitted with ThermoLife's Complaint that were performed by Covance Inc. (the company who recently purchased ChromaDex) have proven to ThermoLife that all of BPI's advertising and label claims about their peptide bonded BCAAs are lies; ThermoLife alleges that these tests further prove that BPI has defrauded consumers out of millions of dollars by selling mislabeled, misbranded, and falsely advertised BCAA products.
ThermoLife's Complaint seeks an injunction, barring further false advertising by BPI (as alleged in the Complaint) and actual damages. ThermoLife also seeks an order from the court disgorging all of BPI's profits on its BCAA Products and an award of treble damages.
ThermoLife is represented in the matter by Gregory B. Collins of Kercsmar & Feltus PLLC.
About ThermoLife International
Founded in 1998, ThermoLife is a world leader in patented ingredients and technology for use in dietary supplements, specializing in sports nutrition. ThermoLife controls a global patent portfolio of 27 patents spanning more than 15 countries including more than 450 valid and issued claims on the use of nitrates in dietary supplements. ThermoLife collaborates with leading manufacturers in the sports nutrition and dietary supplement industry to provide innovative ingredients to help offer superior patent-protected products to end users.
SOURCE ThermoLife International, LLC