In November 2017, Enhanced Athlete became one of the latest companies to defeat the first part of a lawsuit brought against them by Nutrition Distribution, LLC. The lawsuit claims that Enhanced Athlete is falsely advertising the health benefits of their products and that they are guilty of violating the federal Racketeer Influenced and Corruptions Act (RICO).
As part of this suit, Nutrition Distribution filed an injunction in July 2017. In this injunction, Nutrition Distribution claimed that they would suffer “irreparable harm” if Enhanced Athlete was allowed to continue marketing and selling their products, citing financial reports that showed a decrease in sales that seemingly correlated with the rise of sales and marketing by Enhanced Athlete.
The injunction would have prevented Enhanced Athlete from distributing, producing, marketing and selling their products until there was a ruling on the lawsuit. The Court ruled in favor of Enhanced Athlete and rejected the injunction on the grounds that Nutrition Distribution failed to provide evidence that they would suffer “irreparable harm”. It was also noted that Nutrition Distribution markets and sells similar products – calling into question the truthfulness of their claims.
The lawsuit as a whole is focused on a specific compound found in several products created and sold by Enhanced Athlete: 1,2 Dinitrophenol (DNP). This is used primarily for weight loss and body building, but according to Nutrition Distribution, DNP has adverse side-effects when consumed that were not disclosed to consumers by Enhanced Athlete. However, at the root of this suit is the claim that Nutrition Distribution is losing money since Enhanced Athlete began marketing DNP and it appears they are looking for financial restitution for the loss of their sales.
The win for Enhanced Athlete is a step in the right direction and CEO Scott Cavell has no intention of letting his company “be the next victim of Nutrition Distribution” (November, 2017) according to a statement released shortly after Enhanced Athlete’s latest victory.
Company Bio: Enhanced Athlete was founded in 2015 and is based out of Cheyenne, Wyoming. Following a successful launch, two sister companies have also hit the fitness scene, all aimed at providing bodybuilders the support and guidance needed to succeed.
Enhanced Coaching provides elite fitness coaching for members and Enhanced Gear functions as the brands’ online store for Enhanced Athlete apparel and training gear. Together, these companies support hundreds of thousands of consumers who are working towards their top fitness goals.
It was an awesome experience meeting some of the greatest #bodybuilding minds and bodies of future and past. True #pioneers of human evolution, visionaries of body and mind alike. It was an #honor to meet these men that helped set the platform for what the bodybuilding.and #fitness industry is today. #flashbackfriday #riprichpiana
— Dr. Tony Huge (@enhancedathlete) February 9, 2018