Nutrition 21 Requests Summary Judgment in Lawsuit

PURCHASE, N.Y.--Nutrition 21 filed a motion for partial summary judgment in its case against Benicia, Calif.-based InterHealth Nutraceuticals; the case was filed in April in U.S. District Court in the Southern District of New York. The case alleges InterHealth is making false safety and bioavailability claims in its advertisements concerning the companies' competing chromium ingredients.

In the Sept. 24 filing, Nutrition 21 requested the court rule as false InterHealth's statements alleging its ChromeMate chromium polynicotinate is safer and more bioavailable than Nutrition 21's Chromax chromium picolinate. "It is important that we vigorously defend our product claims and the reputation of the scientists and the institutions with which we conduct our research," said Gail Montgomery, president and chief executive officer (CEO) of Nutrition 21 (www.nutrition21.com). "We must have zero tolerance for any false or misleading information that further contributes to consumer confusion in the marketplace."

InterHealth responded to the Nutrition 21 filing with a corporate statement noting the matter is being handled by the company's outside legal counsel, which will submit a formal response to the court in opposition to Nutrition 21's request for summary judgment. "InterHealth is very proud of the reputation it has earned for providing quality products and reliable information based on solid scientific research, which we believe the merits of this case will bear out," said William Seroy, president and CEO of InterHealth (www.interhealthusa.com). "We continue to express our disappointment that, after 15 years of competition, Nutrition 21 felt it necessary to take this action."