PHOENIX, July 8, 2016 /PRNewswire/ -- ThermoLife International, LLC has filed a lawsuit against competitor Maximum Human Performance (MHP) in the United States District Court for the District of Arizona, Case No. 2:16-cv-01841-SPL (June 9, 2016), asserting claims for false advertising and unfair competition with ThermoLife's business. The lawsuit seeks damages stemming from MHP's alleged false and misleading advertising of its NO-Bomb products.
MHP advertises NO-Bomb as containing "KNO3 Nitrite-NO Technology" which includes, among other ingredients, potassium nitrate and sodium nitrite "to set itself apart from other NO formulas," a "revolutionary technology [which] utilizes bioactive nitrates and nitrates." According to MHP's advertising, "KNO3 Nitrite-NO Technology utilizes a newly discovered nitric oxide pathway, whereby nitrates and nitrates are recycled into nitric oxide to provide even greater vasodilation and sustained muscle pumps."
Despite these advertising claims, ThermoLife's lawsuit explains that independent testing by a third-party laboratory found that NO-Bomb does not contain a meaningful amount of nitrates or nitrites, much less "bioactive" amounts. ThermoLife's Complaint reveals its testing found only 2.46 milligrams of nitrates per serving (approximately the same amount of nitrates in one leaf of spinach) and only 28.1 parts-per-million of nitrites per serving. As alleged in the Complaint, these miniscule amounts are not sufficient to cause the advertised benefits.
ThermoLife is the owner or exclusive licensee of more than a dozen U.S. patents with respect to nitrate and nitrite technology, including U.S. Patent Number 9,180,140 which, among other things, protects the use of inorganic nitrates and nitrites for increasing physical performance and reducing oxygen consumption. Even though MHP does not license the Patent, MHP makes specific advertising claims that its products "helps you to crank out more reps and sets" and "KNO3/Nitrite-NO Technology … can actually increase NO production." ThermoLife's Complaint explains that when questioned by ThermoLife's counsel about these claims and, more specifically, whether MHP infringed ThermoLife's Patent, MHP's counsel indicated that NO-Bomb "does not contain the required amounts of nitrates and/or nitrites," to infringe. As ThermoLife alleges in the Complaint, this is an admission by MHP that NO-Bomb does not have a sufficient amount of nitrates or nitrites to support its advertising claims.
ThermoLife's suit seeks, among other things, disgorgement of MHP's profits with respect to NO-Bomb, treble damages, and attorneys' fees. In addition, the lawsuit seeks damages for the diversion of sales from ThermoLife's licensees of nitrate and nitrite technology to MHP and a lessening of goodwill associated with ThermoLife's products, ingredients, and intellectual property.
For further information on this matter, please contact ThermoLife's attorney Gregory B. Collins, of the law firm of Kercsmar & Feltus, PLLC, at (480) 421-1001.
About ThermoLife International: Founded in 1998, ThermoLife is dedicated to developing real products and methods that work. ThermoLife is a leading manufacturer in the sports nutrition and supplement industry and is committed to developing only the purest, most effective, and innovative products and ingredients.
SOURCE ThermoLife International, LLC