PHOENIX, Dec. 27, 2017 /PRNewswire/ -- ThermoLife International, LLC announced today that it reached a favorable settlement of its claims against the now-bankrupt Gaspari Nutrition, Inc.
From 2005 to 2010, Gaspari Nutrition advertised its testosterone–boosting products as "safe," "natural" and "legal." But in a 2010 press release, the FDA announced that "products containing aromatase inhibitors [like Gaspari Nutrition's products] have a reasonable probability of resulting in permanent impairment of a body structure or function in at risk consumers."
Relying on the FDA's position and on the opinions of experts in the industry who testified that Gaspari Nutrition's products were not safe, ThermoLife sued Gaspari Nutrition in the U.S. District Court for the District of Arizona in 2011. ThermoLife's lawsuit asserted that Gaspari Nutrition's false advertising resulted in competitive injuries to ThermoLife.
For over six years, ThermoLife vigorously litigated these claims, seeking to hold Gaspari Nutrition liable for selling steroids and other drugs as dietary supplements. The legal battle included a precedent-setting victory by ThermoLife in the U.S. Court of Appeals for the Ninth Circuit.
Justice for ThermoLife was delayed further when Gaspari Nutrition was forced to declare bankruptcy in 2014. However, on November 21, 2017, the U.S. Bankruptcy Court for the District of New Jersey approved ThermoLife's settlement with the bankrupt Gaspari Nutrition.
ThermoLife's claims that Gaspari Nutrition spiked its products with steroids and other drugs were unopposed and the current settlement awards ThermoLife $415,000, making ThermoLife the recipient of the largest single payout to any unsecured creditor of the now bankrupt Gaspari Nutrition. ThermoLife will also receive back $40,000 in costs from the Arizona District Court as a result of this settlement.
ThermoLife's founder, Ron Kramer, offered the following statement regarding the award: "It has been a long time coming, but I have always remained confident that when the facts were presented the legal system would hold Gaspari Nutrition responsible for intentionally spiking products with drugs and for its lies to the public about its products. Today's award should serve as a wake-up call to companies that mislead consumers and sell products spiked with drugs thinking that the FDA is too busy to catch them. As we have recently seen, justice can be severe against the wrongdoers. Gaspari Nutrition's new co-owner, Jared Wheat, was recently indicted by the FDA on 18 felony counts related to dietary supplements and if convicted he can spend decades in prison."
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 (with more than a dozen additional applications pending approval) 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