Permanent Injunction Issued in Degussa, MMUSA Case
LOS ANGELESR. Gary Klausner, U.S. District Judge for the Central District of California, issued a permanent injunction on Jan. 13, settling the litigation 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.-based MMUSA (www.creatine.com) makes Creatine Serum, available as a finished product.
Both companies had filed suits and counterclaims over advertising claims allegedly 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 any respect, including safety and efficacy. All of Degussas claims were dismissed pursuant to the injunction being signed.
Degussa and MMUSA both issued statements indicating they were pleased the matter was concluded.