XSTO Files Suit Against B&D, DSM

CHICAGO—XSTO Solutions LLC, Morristown, N.J., filed a lawsuit in U.S. District Court, Northern District of Illinois, in mid-August 2008 against B&D Nutritional Ingredients Inc. and DSM Nutritional Products. Originally filed under seal, the complaint was publicly released Oct. 20. XSTO’s suit alleges breach of contract against Vista, Calif.-based B&D for terminating a sales agent agreement without cause. It further alleges federal anti-trust violations, accusing B&D and Parsippany, N.J.-based DSM of price fixing, customer allocation and restraint on trade in the lutein market. XSTO is seeking treble damages sustained by the company as well as attorney’s fees and injunctive relief.

When contacted by INSIDER, B&D and DSM had no comment on the allegations or lawsuit.