Degussa, Muscle Marketing in Litigation Over Creatine Claims

LOS ANGELES--Litigation is pending in U.S.District Court for the Central District of California between Degussa BioActives(filed as Traco Labs Inc.) and Muscle Marketing USA Inc. (MMUSA). The companiesare currently in discovery, which is scheduled to conclude by the end ofNovember.

The companies are at odds over their different creatineproducts. Champaign, Ill.-based Degussa (www.degussa-bioactives.com)supplies Creapure powdered creatine as a raw material. Valencia, Calif.-basedMMUSA (www.creatine.com) makes CreatineSerum, available as a finished product.

Degussa filed the suit Feb. 15, alleging MMUSA is making falseclaims about powdered creatine. The suit details several alleged legalinfractions, including production of 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 arethat creatine serum is safer and more effective than creatine powder; Degussa'ssuit claims creatine serum is ineffective and "lacks any significant amountof creatine."

Degussa is requesting MMUSA be permanently enjoined from makingsuch claims and pay Degussa's legal fees and damages, including punitivedamages. It also asked the court to require MMUSA to publish advertisementscorrecting the statements about creatine powder and serum that are believed tobe materially false and misleading.

MMUSA responded to the suit May 16, denying all allegations.Among its defenses are that the statements were true when made, were made withan absence of malicious intent to injure Degussa and are protected by the FirstAmendment. In a public statement, MMUSA noted the structure of its creatineserum molecule is a trade secret, and that only specialized testing methodologycan analyze the product properly.