PHOENIX, March 29, 2019 /PRNewswire/ -- On March 27, 2019, ThermoLife International, LLC filed suit in Arizona Federal District Court against Olympus Labs. ThermoLife's Complaint brings claims against Olympus Labs for false advertising under 25 U.S.C. § 1125(d), false marking under 35 U.S.C. § 292 and unfair competition.
In its Complaint, ThermoLife alleges that, Olympus Labs has falsely labeled and falsely advertised its Re1gn, I Am Suprem3 Black Magic, Bloodshed, Conqu3r, and Elix1r products as including botanical extracts of Juglans Regia and Eria Jarensis. However, as ThermoLife alleges, these natural botanical compounds are not included in the products, instead these products are all spiked with the drug DMHA, a synthetic amphetamine-like stimulant that is illegal for use in Dietary Supplements, and N-Phenethyl Dimethylamine, a synthetic stimulant classified as a Neuromodulater on the nervous system.
ThermoLife's Complaint also asserts that, in addition to selling drugs falsely labeled as Dietary Supplements, Olympus Labs has also falsely advertised, and falsely patent marked its products, claiming its products include "clinically dosed" and "patented" ingredients. One such ingredient is VASO6. Olympus claims that VASO6 is "patented" and is "clinically proven" to "stimulate nitric oxide levels 10x greater than Citrulline." As ThermoLife alleges, contrary to these blatantly false claims, VASO6 is not "patented", "clinically-proven", or "clinically studied" for its advertised effects, and VASO6 is not proven to "stimulate nitric oxide levels 10x greater than Citrulline."
ThermoLife's complaint accuses Olympus Labs of willfully and intentionally misleading consumers into purchasing Olympus Lab's products that ThermoLife says are falsely advertised, falsely patent marked, misbranded, and adulterated. According to ThermoLife's Complaint, Olympus Labs' ill-gotten profits must be disgorged.
When reached for comment, ThermoLife's founder, Ron Kramer, offered the following statement: "It's a tragedy what some people will do to try and compete with us and with companies who license our ingredients. We look forward to proving all of these accusations in court and hope it will deter others from similar activity."
ThermoLife's Complaint seeks an injunction, barring further alleged false advertising by Olympus Labs and actual damages. Furthermore, as a result of Olympus' alleged willfully false advertising, ThermoLife also seeks an order from the court disgorging Olympus' profits 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