PHOENIX, March 5, 2019 /PRNewswire/ -- On March 4, 2019, ThermoLife International, LLC filed suit in Arizona Federal District Court against Compounds Solutions, Inc., the manufacture of VASO6. ThermoLife is a leading technology supplier in the sports nutrition and supplement industry. ThermoLife holds 17 patents with more than 450 claims related to novel uses of nitrates and amino acid nitrate compounds, compositions, and uses in Dietary Supplements and food products, including top-selling Creatine Nitrate.
As alleged in ThermoLife's Complaint, Compound Solutions charges $250 per kilo for VASO6, claiming—among other things—that: VASO6 is a "patented ingredient"; VASO6 is "clinically proven to increase vasodilation by 50%"; that VASO6 is "more powerful and potent than standard green tea extracts"; and that "300mg of VASO6 is clinically proven to be more effective at increasing vasodilation than 7 grams of arginine." However as ThermoLife's complaint alleges all of these claims are lies.
ThermoLife obtained a sample of VASO6 and had it tested by two separate independent laboratories. These tests established that VASO6 is nothing more than every day common green tea extract that should sell for around $30 per kilo. The laboratory tests demonstrated that nothing in VASO6 is a "patented ingredient" as claimed by Compound Solutions. Furthermore, as alleged in the Complaint, after a critical review of the literature that Compound Solutions uses as a smoke-and-mirrors tactic to make outlandish claims that deceive Dietary Supplement companies and consumers, it is obvious (to anyone who actually bothered to read and analyze the studies) that VASO6 is not clinically proven to increase vasodilation by 50%, and that 300mg of VASO6 is not ten times more effective at increasing vasodilation than 7 grams of arginine. According to ThermoLife's Complaint, Compound Solutions made up these lies to fool people, who seek the vasodilation benefits of Dietary Ingredients like those provided by ThermoLife's patented nitrate ingredients.
As alleged in the Complaint, additional laboratory analysis of the green tea extract that Compound Solutions sells as VASO6 revealed the material is composed of 63% regular monomers, i.e., regular EGCG, ECG, and other monomers found in common green tea extract (not [as Compound Solutions claims] only dimers, trimers, tetramers, and pentamers, and not "only the most bioactive oligomeric compounds, making it more powerful and potent than standard green tea extracts"). Monomers like EGCG, ECG, and other monomers that make up 63% of VASO6 are clinically proven to either have no effect on vasodilation or, in fact, cause vasoconstriction (the opposite of vasodilation).
As alleged in detail in ThermoLife's Complaint, Compounds Solution's has knowingly and willfully falsely advertised VASO6. As ThermoLife explains, Compound Solutions claims that VASO6 practices U.S. Patent No 6,706,756B1. Claim 1 of that patent protects "A method of inducing endothelium-dependent relaxation in blood vessels comprising the step of introducing isolated procyanidins having a preponderance of (-)-epicatechins." And Claim 5 of the '756 Patent protects the administration of "isolated epicatechin-(4-8)-epicatechin-(4-8)-epicatechin-gallate (C1-gallate)) (hereinafter, "C-1 gallate")" to cause the same effect. Accordingly, either "procyanidin C1-gallate" or isolated "procyanidins having a preponderance of (-) epicatechins" is necessary to practice the patented claims. However, contrary to Compounds Solutions claims, ThermoLife's research and independent laboratory testing demonstrated that VASO does not include either of these isolated compounds. As alleged, VASO6 is just plain green tea extract.
ThermoLife's Complaint seeks an injunction, barring further false advertising by Compound Solutions and actual damages. As a result of Compound Solutions willfully false advertising, ThermoLife also seeks an order from the court disgorging its profits on VASO6 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