Federal Judge allows ThermoLife to take SUPER DUMP on Gaspari
Federal Judge allows ThermoLife to take SUPER DUMP on Gaspari by Anthony Roberts ~ source
May 25, 2012
Things look bleak for Gaspari Nutrition after Federal Judge allows all ThermoLifes claims against Gasapri for selling steroids as supplements to move forward.
As previously reported on this blog, ThermoLife International filed suit against Gaspari Nutrition in Arizona Federal District, Case No. 2:11-cv-01056-DKD on May 26, 2011. Rich Gaspari was personally served with this law suit one year ago today on Memorial Day 2011, at Muscle Beach, in Venice, California.
In part, ThermoLife?s claims assert that Gaspari Nutrition deceived consumers by improperly selling steroids as dietary supplements. As many readers may remember, in late 2010 Gaspari Nutrition recalled its Halodrol and Novadex products in response to FDA action. ThermoLife filed suit against Gaspari Nutrition shortly after the FDA concluded that Gaspari?s products included ingredients that had a ?reasonable probability of resulting in permanent impairment of a body structure or function in at risk consumers.? Until recently, Gaspari Nutrition had prevented ThermoLife from taking depositions and discovery regarding its claims in the pending law suit by filing desperate attempts to have the charges dismissed. But the Arizona Federal District Judge presiding over ThermoLife?s case has now held that ThermoLife has alleged viable claims and ordered the case to move forward. A copy of ThermoLife?s First Amended Complaint which reads like a criminal indictment against Gaspari can be found here.
Disagreeing with Gaspari Nutrition?s arguments and denying requests for dismissal by Gaspari?s high powered legal team, the Court summed up ThermoLife?s claims: ?[ThermoLife] makes nine separate claims of false advertising related to [Gaspari]?s claims that (1) it only sells legal products; (2) Novedex XT is DSHEA compliant; (3) Novedex XT is naturally occurring; (4) Novedex XT is safe; (5) Halodrol Liquigels and Halodrol MT are DSHEA complaint; (6) Halodrol Liquigels and Halodrol MT are safe; (7) Halodrol Liguigels and Halodrol MT contain 95% 3,4-divanillytetrahydrofuran; (8) SuperPump 250 contains turkesterone; and (9) SuperPump 250 contains effective doses of turkesterone.?
Gaspari Nutrition has already settled a class action lawsuit filed by consumers that may have been harmed by its products, https://www.novedexxtsettlement.com/...)/default.aspx. ThermoLife?s claims assert claims for competitive injury. Richard Gaspari boasts in advertisements that all ingredients he used in his products were in doses clinically proven effective; but, (as alleged by ThermoLife) contrary to his company?s advertisements, Mr. Gaspari has already admitted that his products include ingredients in such small doses that they cannot even be detected by lab tests. Gaspari will now be ordered to turn over all documents related to any and all advertising for Halodrol, Novadex, and Super Pump 250, a one time best selling pre-workout product that is now subject to false advertising claims. Gaspari will also be required to produce all documents sent to retailers such as GNC, Vitamin Shoppe, Bodybuilding.com, etc, claiming Halodrol and Novadex were natural, safe, and DHESA compliant, contrary to the ruling by the FDA.
If this was not bad enough news for Mr. Gaspari, who shrugged off this lawsuit when he was served stating, ?I?m not taking that? and ?throw it away,? will now also be required to disclose all gross sales and profit on all sales of Halodrol, Novadex and Super Pump 250. ThermoLife?s claims seek to disgorge all profit Gaspari Nutrition earned by deceiving consumers and selling illegal products. Any failure to disclose this information could result in contempt sanctions against Gaspari Nutrition and criminal charges against Mr. Gaspari personally if his company doesn?t comply with the court orders. As ThermoLife alleges, Gaspari Nutrition was ?unjustly enriched? by selling products under false pretenses and products that were classified as illegal steroids by the FDA. There seems to be little doubt of these facts and the law clearly states that Mr. Gaspari is not entitled to any profit he made from selling these products. ThermoLife?s federal law claims also provide that if and when Gaspari Nutrition is found liable, the court can award treble damages (that?s three times Gaspari Nutrition?s profit earned from all Halodrol, Novadex, and Super Pump 250).
And just when you thought it couldn?t get worse for Mr. Gaspari, the Arizona Federal District Court?s ruling comes as Gaspari Nutrition?s current products are again subject to FDA action and still more lawsuits. Gaspari Nutrition?s former chief formulator Bruce Kneller who was sent to prison for formulating steroids (in his bathtub) and distributing them over the internet while working for Gaspari has left the company for undisclosed reasons and has led to Gaspari Nutrition?s recent release of poorly formulated and pixidusted products that are receiving poor reviews from customers nationwide. Gaspari Nutrition who used to regularly have several products in the top 10 on the industry?s ?top selling list? has plummeted in the rankings. With a company already in trouble for a host of reasons, a substantial monetary judgment equal to three times the profit on all Halodrol, Novadex, and SuperPump 250 sold could easily put Gaspari Nutrition out of business and could bankrupt the former bodybuilder.
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