Alleges advertising pumps up synthetic steroid health claims
Too Good ...
SARMs (selective androgen receptor modulators) are synthetic drugs designed to have effects similar to those of illegal anabolic steroids, but with a much more targeted range of effects – making them applicable in a larger range of uses and therapies.
Plaintiff Nutrition Distribution, producer of a SARM-free muscle development supplement, filed a complaint recently against Wicked Nutrition Labs, a maker of a SARMs-based supplement, in the Southern District of California. The suit alleges that Wicked is harming consumers by passing these dangerous drugs off as dietary supplements; Nutrition Distribution claims that SARM-based products pose health risks to consumers, including liver damage and a heightened risk of heart disease – bad news for the weight lifters, bodybuilders and other athletes who are adopting Wicked's SARMs products to enhance performance and physical appearance.
Alleged Benefits?
Nutrition Distribution, which does business under the "Athletic Xtreme" moniker, accuses rival Wicked of making false and misleading marketing claims regarding its SARMs-based product. In addition to mislabeling its SARM products as "dietary supplements," the complaint alleges that Wicked falsely advertises its products as providing the benefits of traditional anabolic/androgenic steroids without the harmful side effects.
The Takeaway
The federal Food, Drug and Cosmetics Act precludes companies from suing each other for labeling violations, such as the ones alleged in this case. However, the Lanham Act provides another legal avenue, permitting competitors to sue their rivals for unfair competitive practices. Nutrition Distribution's suit seeks to enjoin Wicked from producing and marketing its SARM products, as well as seeking compensatory damages and the award of Wicked's profits under the Lanham Act. Nutrition Distribution recently filed suit against Dynamic Technical Formulations, another rival, on similar grounds.
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