Independent Study on SportPharma's Actisyn Supports Advertisement.
Author/s:
Issue: May 11, 1999
CONCORD, Calif.--(BW HealthWire)--May 11, 1999--
SportPharma has successfully repelled challenges by Next Nutrition, Inc. to its Actisyn (TM) advertisement.
Citing a third-party clinical study on the new protein synthesizer, Actisyn, the United States District Court rejected most of Next Nutrition's allegations. The case, Next Nutrition, Inc. v. SportPharma USA, Inc., was decided on March 29, 1999.
The dispute between the two companies stems in part from claims SportPharma made about its new product Actisyn in recent advertisements that ran in Flex Magazine. Next Nutrition challenged claims in the ads including the headline "Actisyn builds muscle 640% better than whey."
The judge first noted that Next Nutrition "mischaracterizes the statements made in the advertisement." The court next found that these statements were not false or misleading.
The court ruling indicates that additional statements in question, including "Whey protein powders are `passive' protein synthesizers" are not false or misleading. The judge specifically found that this "statement suggests that whey is not a strong active protein synthesizer which is true if one compares whey with Actisyn."
A chart in the Actisyn advertisement comparing Actisyn and whey protein and their ability to turn on key anabolic drivers was found misleading by the court.
After recognizing that "(c)ertain characterizations of the facts may be scientifically true but the manner in which they are presented can be misleading to the ordinary consumer," the court ruled that the "on" and "off" indicators on the original chart create a misleading representation to the consumer.
The verdict in the case requires SportPharma to change the original chart on the product packaging. Prior to the verdict, SportPharma had changed the chart as well as other parts of the original advertisement and the product packaging. The new chart shows that Actisyn increases seven anabolic factors to a high degree while whey protein only does this to a low degree. The judge found that "(t)his table more accurately reflects the evidence."
"SportPharma will continue to invest in extensive third-party research for all of our products in an effort to ensure their benefits," said Mike Walls, chief executive officer of SportPharma USA. "We use results from many of the tests we have conducted in our advertising to enlighten and teach our customers how to achieve optimal fitness and health."
Based in Concord, SportPharma USA is a leading manufacturer of pharmaceutical-quality sports supplements. The company has built a reputation for results-driven products, which have become an integral part of training for amateur and professional athletes, bodybuilders and powerlifters. Additional information can be found on the company's Web site at www.sportpharma.com.
COPYRIGHT 1999 Business Wire
COPYRIGHT 2000 Gale Group |
