Court Date Set in Degussa, Muscle Marketing Case

Court Date Set in Degussa, Muscle Marketing Case

LOS ANGELESThe U.S. DistrictCourt for the Central District of California set Dec. 9 as a trial start date ina case between Degussa BioActives and Muscle Marketing USA Inc. (MMUSA). Thecompanies are at odds over their different creatine products. Champaign,Ill.-based Degussa (www.degussa-bioactives.com) supplies Creapure powderedcreatine as a raw material. Valencia, Calif.-based MMUSA (www.creatine.com) makes CreatineSerum, available as a finished product.

Degussa filed the original suit in February 2002, allegingMMUSA is making false claims about powdered creatine. The suit details severalalleged legal infractions, including deceptive advertising and online marketingmaterials, trade libel and deceptive trade practices in violation of the LanhamAct (the federal statutes on trademark law). Among the alleged false claims isthat creatine serum is safer and more effective than creatine powder; Degussassuit claims creatine serum is ineffective and lacks any significant amount ofcreatine.

In the most recent action, MMUSA filed a counterclaim June 10,2003, for false advertising, unfair business practices and unfair competition.The suit alleges Degussas lawsuit was filed to conceal its own illegalactivities and accuses Degussa and its employee, Ralf Jaeger, of attempts toobtain the creatine serum formula through subterfuge. Finally, MMUSA points toDegussas press release about a study comparing the creatine products, whichwas presented at the Experimental Biology 2003 conference, as misleading andintended to injure MMUSAs reputation.

Degussa responded to the countersuit July 10, noting it hasmoved for the court to strike MMUSAs counterclaim as belated. In addition,this claim has no factual foundation whatsoever, the company stated. Degussa BioActives is seeking a prompttrial in federal court so that MMUSAs claims can be fully exposed as beingfrivolous and constituting an unfounded attack on the scientific community.