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Wednesday, 09/07/2016 9:34:39 AM

Wednesday, September 07, 2016 9:34:39 AM

Post# of 80868
Update on Hi-Tech vs. MSLP

Law360, New York (August 19, 2016, 3:44 PM ET) -- MusclePharm, the maker of Arnold Schwarzenegger protein powder, asked a Georgia federal judge on Thursday to toss a suit brought by a powder-making rival that doubts MusclePharm’s protein-content claims, saying the complaint is vague.
Hi-Tech Pharmaceuticals Inc., which makes its own protein supplement, NitroPro, had sued in May on claims that MusclePharm artificially inflates the level of protein in Arnold Schwarzenegger Series Iron Mass and lies to consumers.

MusclePharm said the specific allegations in the complaint didn’t back up the insinuations.

“Plaintiff makes myriad assertions of false and misleading representations and advertisements, but never alleges that the product does not contain the types of protein listed on the product label (hydrolyzed beef protein and lactoferrin) or that the product label or any advertisement did not accurately report the amount of that protein based on the results of proper analytical testing performed under acceptable protocols. Instead, plaintiff employs innuendo,” MusclePharm said in its motion.

MusclePharm also said it discontinued the Schwarzenegger powder in March, before the suit was filed. It was unclear why the supplement was discontinued.?

The protein-content study cited by Hi-Tech was also difficult to decipher because it didn’t include details about where or how it was done, MusclePharm said.



http://www.law360.com/articles/830321/schwarzenegger-supplement-maker-defends-protein-claims

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