SAN DIEGO — A vitamin company that was sued by a vitamin distributor on claims of false statements and misleading advertising has obtained a victory in court.
U.S. District Judge William Hayes, on the bench of the U.S. District Court for the Southern District of California, issued a 14-page ruling on Feb. 15 granting a summary judgment in the lawsuit filed by Nutrition Distribution against Pep Research, Brian Reynders, Fred Reynders, and Does 1 Through 10.
Nutrition Distribution sued Pep Research and the other defendants for claims of violation of the Lanham Act, alleging that the defendant engaged in false statements and misleading advertising of certain peptide products, as well as of some prescription drugs.
As stated in the ruling, "the complaint states that defendants falsely represent the products as 'research peptides and chemicals' that are 'not for human consumption' and 'intended for laboratory research only.'"
Nutrition Distribution also alleged, per the ruling, that the statements "are misleading because defendants market and advertise the products for personal use and consumption." It also alleged that "defendants do not inform consumers that the products are banned from sporting events and pose health and safety risks."
On Aug. 27, 2018, Pep Research filed the motion for summary judgment, claiming that Nutrition Distribution "cannot demonstrate the representations were false, misleading, material, or deceived consumers."
A reply was filed by Pep Research on Sept. 24, 2018, and oral arguments on the motion were heard in court on Jan. 17.
In his ruling, Judge Hayes granted the summary judgment, stating that "plaintiff has failed to provide admissible evidence beyond the pleadings showing a genuine issue of material fact as to the falsity of defendants' statements," adding that "plaintiff's evidence does not raise an issue of fact regarding whether consumers would be confused by the representations."
U.S. District Court for the Southern District of California Case number 3:16-cv-02328-WQH-BLM