|
UPDATED PRESS RELEASE!
BIO-ENGINEERED SUPPLEMENTS & NUTRITION, INC. (BSN) VIGOROUSLY DEFENDING
CLASS ACTION LAWSUIT:
ADDITIONAL FACTS REFUTING ALLEGATIONS LISTED IN THE LAWSUIT
December 14, 2007
Boca Raton, Florida
Bio-Engineered Supplements & Nutrition, Inc. (BSN) is a leading developer,
marketer, provider and distributor of nutritional supplements designed for
health, training, physique, and performance support. Among other
innovative products, BSN has assisted in developing many advancements within
the sports nutrition industry, one of which is the ultra-premium breakthrough
ingredient Creatine Ethyl Ester Malate (CEM3).
DON'T BE A VICTIM OF THE MESSAGE BOARDS
Unfortunately, in this day and age news of lawsuits spread so quickly
that a court does not have a chance to evaluate the merits of a case nor the
evidence surrounding it before it quickly spreads like wildfire through
industries and consumer groups. Which in the case of the alleged lawsuit
against BSN, no evidence has been brought forward at this time, yet many
consumers and industry insiders have automatically become judge and jury
on a situation in which they have limited knowledge nor all the facts
surrounding the lawsuit. Do not be a victim of the message boards!
Message boards were intended to provide for an easy exchange of
information, not to spread speculation, assumptions and misinformation.
No conclusions can be drawn by the mere filing of a lawsuit. At
this point no evidence has been produced nor is it required to be produced to
file a lawsuit. At this point there are only allegations (which we will
discuss further in this press release). Allegations can come forward for
many different reasons. In business often times they can be provoked by
competitors who feel this is a tactic to slow down a company's growth by
hurting the company from a PR perspective, taking a stab at the company's
financial status or trying to destroy the company's credibility with consumers.
Sadly, these approaches seem to be the new American way of doing business!
Ironically enough, they seem to quickly make their way to the message boards
with the criticism of individuals or competitive corporations which more often
than not have ulterior business motives in supporting the posted lawsuit or
allegations. Often times these message board "gurus" supporting these "witch
hunts" have little to no legal or scientific knowledge of the facts surrounding
the situation, but only what they read in a lawsuit or what is perpetuated on
the internet; which can more often than not be misleading or down right false.
Don't be a victim to such cheap tactics, and remember this same situation
could one day happen to you, a friend, your business, or your favorite
supplement company. If that were the case would you not support them
knowing their previous history and integrity should speak enough volume to
discredit something that anyone can file in court any day of the week?
When a supplement company cannot fairly beat out their competition in the
marketplace by playing fair and by the rules (which in this case is making
products that outperform BSN's), then sometimes these corporations take the
less innovative and much easier road and try to discredit a reputable company
in any way possible in an effort to increase or better their own sales or
credibility with the consumer - even if their products happen to be less than
superior. Oddly enough news of lawsuits quickly make their way to the
internet and message boards. On the message boards countless
visitors, in addition to paid individuals by industry competitors and
competitors themselves are strategically sent on a mission to perpetuate the
allegations as if it was the golden word passed down from the supplement gods
(even before the lawsuit is proven in front of a jury or a judge in a court of
law to be frivolous or without merit). This approach can ultimately only
end up misleading the consumer who may choose not to use quality products with
proven track records, but now only because they read something on a message
board or heard something as hearsay, the consumer makes uninformed assumptions
which may have never been presented correctly to them in the first place or
ever even proven in a court of law to be accurate. Ironically, this is
completely opposite of how our judicial system is supposed to work, but
unfortunately consumers fall victim to these tactics all too often. For
those consumers smart and savvy enough to see through these competitor tactics
and games - every company with integrity thanks you.
BSN WILL NOT BE A VICTIM TO FALSE ALLEGATIONS
Unfortunately BSN has been recently served by the law firm of Call, Jansen
& Ferrell. Recently, this firm represented an industry competitor
which has attacked BSN in the media. The lawsuit filed by this firm was filed
against BSN on behalf of Michael Rivera and Dan Abell individually and on
behalf of all others similarly situated (the "Lawsuit"). The Lawsuit
alleges that:
1) CellMass®, N.O.-Xplode or Nitrix® do not contain CEM3;
BSN believes that these allegations are based upon unreliable testing methods,
and it intends to provide the Court with independent test results which are
based upon proper scientific methods.
2) BSN's patent pending for CEM3 does not exist;
Contrary to claims in the complaint, a patent application seeking exclusive
rights to Creatine ethyl ester malate (CEM3) in connection to nutritional
supplements was filed with the United States Patent Office (‘USPTO") on
November 8, 2004 and remains pending before the USPTO (many patent application
filings can take several years before the USPTO can make a final decision on
the filed patent). The CEM3 application was assigned the identification number
10/904,389. With some exceptions, patent applicants can decide at the time of
filing an application whether they wish the patent office to publish the
application after 18 months. It is a common practice for applicants to
decline publication in an effort to preserve trade secrets contained in the
application pending the outcome of the examination process. The application
for CEM3 was not published for trade secret preservation purposes, but the
application is indeed pending and active at the USPTO. BSN has gone to great
lengths and expense to develop a novel cutting edge process for CEM3, which
will soon be validated when this patent is published to the public.
3) CEM3 does not exist;
BSN is unsure why an allegation is being made that CEM3 does not exist.
As stated above, a patent has been filed with the USPTO which will soon
be made available to the public. For a laboratory to correctly identify
CEM3 they would need a standard reference sample, and the proper methods &
protocols used to test for CEM3. It is also necessary to communicate with
the inventor of the compound to obtain a standard reference sample in addition
to the various other mechanisms in which to test for the compound. To
merely attempt to identify CEM3 without the proper knowledge and testing
procedures is sure to produce a negative result for almost any lab which would
in their uniformed minds develop a conclusion that the compound does not exist;
however, with concern to CEM3, no company or lab has ever contacted BSN for
testing methods or standards in an effort to correctly validate CEM3's
existence.
BSN is of the belief that such allegations stem from a posting on
Supplementpolice.com, where BSN's product CellMass® was falsely reported as not
containing CEM3. Supplementpolice.com, SupplementDirect.com, and
Supplement Direct retail stores are owned by the same individual, David Lopez.
Ironically Supplement Direct (and its affiliates) continues to sell and
profit from the sale of CellMass® as well as other BSN products on their
website(s).
BSN is currently pursuing claims in litigation against Supplement Police.com to
refute such as Supplementpolice.com stated that CellMass® had been tested for
the ingredient CEE, not CEM3. The testing methods and standards they
used are questionable and appear unlikely to correctly identify CEM3.
Furthermore, these methods and standards were noted in the documents provided
in BSN's lawsuit against SupplmentPolice.com that a reference standard used by
San Rafeal Chemical Services (SRCS) (which again was testing for the CEE not
CEM3), was provided a standard which was supplied by one of BSN's
competitors. Also, until just recently the Call, Jansen & Ferrell law firm
was defending this lawsuit and also representing Mr. Lopez's interests as well.
Furthermore, SRCS was recently involved in a very large government laboratory
sting operation (conducted by the DEA), and as a result of the government's
investigation, SRCS no longer has a DEA license.
4) BSN is the alter ego of Chris Ferguson;
The Lawsuit alleges that BSN is merely an Alter Ego of Christopher
Ferguson, the President and CEO of BSN. This is simply not true and is
merely an unjust and an unsubstantiated allegation. BSN is a Delaware
corporation operating under the laws of the State of Delaware. BSN observes
appropriate corporate formalities.
CREATING NOVEL INGREDIENTS AND PROCESSES
The creation of a new ingredient is an extremely involved and difficult
endeavor, which can include years of time and capital investment.
Therefore, a new process and every aspect of this process is highly
confidential and proprietary intellectual property. It requires
several phases of research and development consisting of the conceptualization
phase, synthesis phase, and analytical testing phase. Each phase requires
scientific precision in order to successfully move to the next step. Once
an ingredient has been synthesized it undergoes analytical testing method
development, which is the process of developing an analytical method to ensure
the existence of the ingredient. Analytical testing requires precise
adherence to the developed methodology in addition to a sample of the
ingredient in question and the use of a reference standard, which is a sample
of the ingredient you are testing. In other words, you need a sample of
the raw material you wish to analyze in order to compare it against the
ingredient in question and thus make sure you are comparing apples to apples
and not apples to oranges. Analytically testing for an apple but using an
orange as your reference standard will not produce a positive result. BSN will
stand strong and continue to show that BSN has honor and integrity and that not
only do BSN supplements work but the technology that BSN develops and uses in
our products have scientific validity.
BSN HAS A PROVEN TRACK RECORD - CAN MILLIONS OF CUSTOMERS AND NUMEROUS
AWARDS BE WRONG?
BSN's unprecedented growth would not be possible if BSN operated with a "smoke
and mirrors" approach to researching, developing, and producing ultra-premium
products. BSN has achieved this extraordinary level of success because
BSN's products are scientifically sound, and have been found for numerous years
to meet the stringent needs and demands of consumers. Consumers have thousands
of choices when it comes to choosing products to help them achieve their goals;
yet for the last 3 years and beyond BSN's products have received an
unprecedented amount of awards and accolades not just by industry insiders but
more importantly awards chosen by consumers.
2007 North American Awards & Accomplishments
(Listed Below Are Only
Accomplishments Which Are Relevant To BSN's Products Integrity And Brand)
2007 European Awards & Accomplishments
2006 North American Awards & Accomplishments
2006 European Awards & Accomplishments
2005 North American Awards & Accomplishment
1Nominated by an independent consumer poll - Source:
Bodybuilding.com.
2 As determined by an independent consumer poll - Source:
Averagejoesupplements.com.
3 As determined by an independent consumer poll - Source: MMA Dojos throuout
the UK. As determined by the Seni Award for Europe.
4 As determined by an independent consumer poll - Source: Gigasnutrition.com
For over 3 consecutive
years BSN products have been recognized by consumers as the best in their
respective categories. As any consumer knows, if you buy something once
and it does not deliver then you generally do not buy it again. BSN
products are far from typical and BSN has proven this by developing cutting
edge products which are purchased month in and month out by loyal repeat
customers. Additionally, new customers who try BSN products everyday for the
very first time quickly come to understand what sets BSN apart from the rest of
the industry; and soon these new customers become one of the many faithful
consumers which feel BSN produces ultra-premium products that continue to
deliver unparalleled results month after month. Can millions of customers year
after year be that wrong? BSN does not think so and believes neither do BSN
customers or tens of thousands of retail supporters around the world.
BSN FINISHES FIRST!
BSN's corporate mission from day one was to make products consumers could
unequivocally consider to be the most superior products available.
For those customers and retailers that have relentlessly supported BSN's
vision, products, and brand we could never repay you for your loyalty and
patronage; we can only hope that BSN's products and reputation, as leader in
sports supplements, has helped deliver and serve your needs in reaching your
health, physique, and performance goals. BSN is confident we will prevail
in this current lawsuit!
The court will not rule on the merits on this lawsuit until sometime next year,
but if you have any questions or concerns about the accuracy of the labeling of
BSN's products or any questions related to the products themselves, BSN stands
ready and willing to address any such questions or concerns.
Yours in Health, Transformation, and Performance
TEAM BSN
BSN has hired the firms of AminHallihan, LLC out of Illinois and ReedSmith, LLP
out California to defend the Lawsuit. BSN takes pride in the products
which it has produced over the years. Many of those who have used BSN's
products, including those products involved in the lawsuit, have attested to
how well the products have worked for them. BSN disagrees with all claims
being made and will vigorously defend all such claims and allegations.
Bio-Engineered Supplements & Nutrition, Inc. is a leading developer,
marketer, provider and distributor of nutritional supplements designed for
training, physique, and performance. BSN's innovative and effective
products include NITRIX®, NO-XPLODETM, CELLMASS®, LEAN DESSERT PROTEINTM,
SYNTHA-6®, TRUE-MASS®, AXIS-HTTM, CHEATERSTM, THERMONEXTM, ATRO-PHEX® AND
ENDORUSHTM. For more information please visit, www.bsnonline.net.
|
