Cytodyne Sues the Times

NEWARK, N.J.--Cytodyne Technologies Inc. filed a federal lawsuit against The New York Times in U.S. District Court of New Jersey on June 26 over a story that featured the company and appeared in the June 23 edition. The story accused the industry is suppressing negative research outcomes and supporting less rigorous methodology to attain positive results. The Times specifically looked at several ephedra studies, some of which were funded by Cytodyne. [For more on this story, visit www.naturalproductsinsider.com/hotnews/36h239170.html.] Cytodyne's complaint charges the Times and its reporter, Ford Fessenden, with product disparagement, corporate defamation, injurious falsehood and related charges. Cytodyne is seeking unspecified monetary damages.

The suit charges that Fessenden "omitted facts and evidence in a manner designed to defame Cytodyne." In addition, the company claims the story selectively excluded clinical research performed on Xenadrine, thereby creating a negative and unbalanced image of the product. For example, Cytodyne noted the story stated it "refashioned some of its weight loss products without ephedra [in response to] pressure in the courts and from regulators." Cytodyne said this statement is "blatantly false," and its Xenadrine EFX, an ephedra-free formula that contains green tea, was introduced in April 2002 due to consumer interest. The Times story also indicated Cytodyne attempted to influence certain researchers who investigated the Xenadrine product. Cytodyne's response? "The researchers involved in performing studies have enjoyed unblemished reputations and have categorically denied being influenced with regard to the manner in which they conduct their studies or the way they present data from the studies."

A spokesperson from Cytodyne (www.cytodyne.com) added, "We are confident that the truth regarding the false and misleading nature of the story featured in The New York Times will be exposed and that the reputation of our company will be restored."

In response to the lawsuit, the Times (www.nytimes.com) released an official statement, saying, "We are confident of the thoroughness and accuracy of the article, which was based on court records and judicial decisions."