19 replies to this topic

[Ms.Wetback]

COURT CERTIFIES CLASS ACTION AGAINST SUPPLEMENT MAKER BSN
Company Accused of Massive Fraud In False Advertising Lawsuit

Orange County, California ¨C A California Federal Judge has certified a nationwide and statewide class action against supplement maker Bio-Engineered Supplements & Nutrition, Inc. (¡°BSN¡±). The lawsuit alleges that BSN sold tens of thousands of bottles of its products Cellmass, Nitrix, and N.O.-Explode based upon false labels and false advertising. Specifically, the suit alleges that BSN falsely claims that its products contain a new form of creatine called ¡°Creatine Ethyl Ester Malate¡±, or ¡°CEM3.¡± The suit claims that not only did BSN¡¯s products not contain CEM3, but that CEM3 does not exist and is impossible to manufacture.
In certifying the class, U.S. District Judge James V. Selna concluded that the plaintiffs had ¡°provided sufficient evidence to demonstrate that they may be able to prove the false representations at trial.¡± The Court further concluded that the evidence presented by the Plaintiffs show ¡°evidence of a wide-spread advertising campaign which claims that CEM3 is a superior form of creatine¡± and that the same evidence ¡°tends to indicate that the representations were made.¡± Finally, the Court ruled that ¡°Rivera has provided sufficient evidence that the products did not contain CEM3¡± and that BSN improperly engaged in an ¡°underlying scheme of promoting CEM3 as a superior form of creatine¡± to allow the case to proceed to trial as a class action.

The Court certified a class of both California consumers and nationwide consumers. The Court defined the ¡°nationwide fraud class¡± to include ¡°All persons residing in the United States who, from November 6th 2003 to the date of certification, purchased any BSN product labeled as containing Creatine Ethyl Ester Malate¡± or ¡°CEM3¡±, including but not limited to ¡°Cellmass¡±, ¡°Nitrix¡±, and N.O.-Xplode¡± products.¡± The class is believed to include over 100,000 members nationwide, and the Court further noted that plaintiffs claim that ¡°the plaintiffs each lost $50 or more¡± as a result of the alleged fraud.
Finally, the Court appointed the law firms of Robinson, Calcagnie & Robinson (www.orangecountylaw.com) and Call, Jensen & Ferrell (www.calljensen.com) as counsel for the class. Collectively, the two firms have obtained verdicts and settlements of several billion dollars in recent years.
¡°I am sure the members of this newly certified class will appreciate Judge Selna's ruling. We still have a lot of work to do, but we are looking forward to proceeding to trial on behalf of the many consumers in the class who have been damaged¡±, stated class counsel Mark. Robinson. ¡°We¡¯re obviously quite pleased with the Court¡¯s decision¡±, added class counsel Scott J. Ferrell. ¡°BSN perpetrated a massive fraud on unwary consumers. By far, the most important aspect of the ruling is the ability to enjoin BSN from making these fraudulent claims. We also look forward to promptly notifying the class members and getting this case in front of a jury as soon as possible. Classwide damages could easily exceed $100 million.¡±
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For more information about the Rivera lawsuit or to schedule an interview with class counsel, please call Denise Reigel at 949.717.3000 or e-mail her at dreigel@calljensen.com.

[mad_dawg]

Wow, that's gonna suck for their business!!!

[bambam9193]

Thank you for that post! My boyfriend buys a ton of BSN products. Looks like we'll have a lot more room in the pantry.

[PERSIANBOLIC]

Im always happy to see stories like this...This industry definitely needs to be cleaned up.

[ThatBro]

what a bunch of assholes...

This is Civil and not criminal.. Nothing will happen to them- except they will have to liquidate assets and start over. The FDA is really going to start going after Supplement manufacturers- they are really pissed about the lack of regulation. This is the first step in their process to change the laws. They will indict or file civil claims against as many companies as they can- they will then try and paint a picture that depicts the supplement industry and an industry of criminals selling snake oil. Then they will go to congress hold hearing to try and change the supplement laws- once the laws are changed prices will drastically increase.

[Grunt76]

True. Still, their Syntha-6 is yummy...

[goal200]

I have mixed feelings on this...but thanks for the post. Good info!!

[ceejay]

Very Interesting!!!!!!!

[diese1]

True. Still, their Syntha-6 is yummy...

No doubt and I love me some No-Xplode!!!

[Snachito]

I have mixed feelings on this...but thanks for the post. Good info!!

I have mixed feeling about this as well G200!!!

On one hand this will make supplement companies more accountable for selling crap to their customers!!! Plus they'll really think twice about what kind of advertisements they put out and keep them from over-hyping, falsifying studies, or straight up lying about their supplements!!

But then again if stories like this one keep popping up, all supps will be regulated one day by the FDA and be available by prescription ONLY!!!

Can you imagine having to go to the doctor to get your multi-vitamins and some protein powder? What if your doctor says you don't need anything and just keep on eating healthy, cuz to much protein will hurt your kidneys!!!

The pharmaceutical companies would LOVE to be in control of supp biz as well as that would mean more billions of dollars in their pockets!!!

Hopefully it stops here and no other company does this crap or else we gotta start saving money for the co-pay and the supps themselves which will cost an arm/leg!!

[MissKBuff]

yikes!!! Will there ever be anyone left???

[DirtyD]

I find this to be very interesting as well... I would love to hear about what comes out of the trial and the ends results... What proof they have against the company...

If you hear anything please post it up and keep everyone posted...

[Superior1]

I think it's in everyones best interest to be open minded about this case.
It could very well be a prelude to many more to come. And whether fraudulent company or not.
You do not want the feds deciding anything on 'your' behalf.
There is enough public information available now with the advent (or is it invent) of the internet, unlike the old days prior to the internet.
Consumers have access to plenty of info to determine on their own whether or not a supplement is worth taking. Now I am all for winding down overly hyped marketing.
But I'm NOT for regulatory intervention to squelch it.

While there are supplement companies out there that are either flat out scammers,
fraudulent, and completely boguses up their claims. You still don't want to take judgement of these companies
out of the consumers hands and into the hands of the feds.

I can't also speak for CEM3 being impossible to manufacture. It's possible that from a chemical standpoint that
it cannot, and that CEM3 is simply CEE 'blended' with Malic Acid.
The proof that it's impossible to manufacture is the fact that CEE cannot be chemically bound to Malic Acid. (My guess). So then they have a case....

No-Xplode definitely sells/sold well. And people swear by it. So there is some validity to its claims.
And I also can't speak for BSN as a company, successful yes, (the main reason this is even taking place).
Are they scammers, I do not believe it. Do they over hype, probably so. All these are for the consumers to decide.

The biggest problem with this nation is peoples failure to accept personal responsibility. whether that be a company or a consumer that 'fell' for the hype.

This is dangerous territory, and it's going to take consumers helping lobbyist (supplement product associations), to fight for the rights of the consumers.
This may very well be one step closer to losing your say as a consumer. The feds are NOT looking out for you!! The lawyers are greed ridden, going after 'the big settlement' the feds going after 'control'.
There is NOTHING in it for you for this to go down and be successfully settled in court in favor of the class action suit!!


DirtyD:

Their proof is probably based on this>

I can't also speak for CEM3 being impossible to manufacture. It's possible that from a chemical standpoint that
it cannot, and that CEM3 is simply CEE 'blended' with Malic Acid.
The proof that it's impossible to manufacture is the fact that CEE cannot be chemically bound to Malic Acid. (My guess).

And this on top of the fact they claim it to be the best form of Creatine out there is probably the reason that the case is moving forward.

[Grunt76]

Great post Superior1.

[cytec]

I use these guys syntha 6, looks like I will be looking for a replacement soon.