Permanent Injunction Issued in Degussa, MMUSA Case

LOS ANGELESR. Gary Klausner, U.S. District Judge for the CentralDistrict of California, issued a permanent injunction on Jan. 13, settling thelitigation between Degussa BioActives and Muscle Marketing USA Inc. (MMUSA).Waukesha, Wis.-based Degussa (www.degussa-foodingredients.com)supplies Creapure powdered creatine as a raw material. Valencia, Calif.-basedMMUSA (www.creatine.com) makes CreatineSerum, available as a finished product.

Both companies had filed suits and counterclaims over advertising claimsallegedly impuning the safety and efficacy of the others creatine product.Under the terms of the injunction, MMUSA, without admitting any wrongdoing,agreed to no longer compare its products with creatine powder products in anyrespect, including safety and efficacy. All of Degussas claims were dismissedpursuant to the injunction being signed.

Degussa and MMUSA both issued statements indicating they were pleased thematter was concluded.