Natural health and beauty supplement maker Certified Nutraceuticals, Inc. is suing a rival Atlanta-based company, complaining of false advertising and false claims to a patented process it does not own.
The lawsuit involves the patent on a unique method to extract a specific form of collagen from the flexible cartilage found in chicken sternums, which is used in products that ease joint pain and restore mobility.
Inventor Ahmad Alkayali, CEO of Certified Nutraceuticals, in 2001 patented the process to make the substance, Chicken Sternum Type II collagen. In its advertising, Avicenna Nutraceuticals claims to use and primarily focus on “patented formulas and production methods” to make Chicken Sternum Type II collagen — however, the lawsuit claims, Avicenna holds no patents on any formulas or on the processes for creating it, nor does it have permission to use that patent or any other related methods to make the collagen, the lawsuit claims.
Los Angeles Attorney Robert Tauler, a principal of Tauler-Smith LLP, filed the complaint Nov.16 in U.S. District Court in San Diego. The suit seeks an injunction to stop Avicenna from producing, promoting, licensing or selling any Chicken Sternum Type II collagen. It also seeks damages, restitution for lost income, and all profits Avicenna took in as a result of its allegedly false claims.
Tauler, an expert in false advertising and commercial litigation, represents many top-tier natural supplement companies.
Both Certified Nutraceuticals and Avicenna manufacture and distribute raw ingredients to nutraceutical and pharmaceutical companies for use in various dietary and nutritional products.
Profits made through Avicenna’s untrue and deceptive practices came at the expense of Certified Nutraceuticals, causing “extensive and irreparable harm, including but not limited to, loss of revenue, disparagement and loss of goodwill,” Tauler wrote in the complaint.
Certified Nutraceuticals, of Pauma Valley, in unincorporated San Diego County, produces a full line of patented, natural supplements that ease inflammation in joints, repair damaged connective tissues, improve the health of skin and hair, and boost the immune system.
There are three main types of collagen. Types I and III are primarily found in skin, tendon and bone. In contrast, Type II is found predominantly in articular cartilage.
For more information, visit Certified Nutraceutical's website.