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03-28-2015, 12:23 PM #46
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The lawsuit is bizarre. It is not a competitor's job to enforce government policies. & the allegations are not proved in court. Nor is it likely that the case will go to court--that would require a serious commitment of money for legal rep. But if the charges are proven, Blackstone would be shut down & presumably face criminal charges.
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03-28-2015, 12:54 PM #47
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03-28-2015, 07:14 PM #48
HifromMike is correct, the lawsuit is bizarre coming from a competitor, but he's wrong about it not going to court, because it already went to court (meaning the case was filed). Additionally, it was filed in federal court, which is taken very seriously as opposed to someone filing it it a state court forum.
I haven't looked at the case in detail nor have I had a chance to speak with Aaron or PJ about this because I've had a lot of stuff going on the past 2 weeks but, I'll try to get some more info for all those interested.
The reason why this company filed the case is really irrelevant. My best guess is someone had an axe to grind. Regardless, of it being without merit, it created 2 issues: 1) It has nuisance value, meaning it is still going to cost Blackstone money to defend 2) It shined a light on Blackstone and now they are certainly on the government radar and the government has a lot of ways to bring the hurt whether FDA, DEA or even IRS.
In the end I hope this turns out amounting to nothing, but until it does, despite the fact that it may be without merit, you don't know what collateral damage it brings.
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03-28-2015, 10:50 PM #49
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03-29-2015, 07:58 AM #50
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IMHO this is a publicity ploy, unless the person who filed the suit has some personal reason to get back at the plaintiffs. The majority of lawsuits are settled out of court (in other words, the offended party gets a settlement & agrees to drop the case). What I meant was that the case will probably never go to trial. As far as blowing up in someone's face is concerned, it could happen to the person who filed the case as easily as the other way around. The entire supplement industry is walking on thin ice these days, because it is largely unregulated, but closer scrutiny could shut about almost everyone down.
Last edited by hifrommike65; 03-29-2015 at 12:02 PM.
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03-29-2015, 08:18 AM #51
envy, strife, greed...in a nutshell
Last edited by Rocky3; 03-29-2015 at 08:18 AM.
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03-30-2015, 07:02 AM #52
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According to the article the company is suing because, "DMZ 2.0, which launched in 2014, has two main ingredients, according to the lawsuit: dymethazine and methylsten, two illegal substances. But Blackstone has allegedly “falsely labeled their steroid as a 'nutritional supplement,' giving users the massive gains of an illegal steroid and a false sense of security.”The lawsuit continues: “Indeed, on December 13, 2014, President Obama signed into the 'Designer Anabolic Steroid Control Act of 2014,” which explicitly banned analogs of substances previously banned, including Super DMX 2.0."
Government regulators have long treated supplement manufactures as not needing regulation if they claim their ingredients are natural, which is quite often false. If the lawsuit is frivolous it will surely be thrown out of court, but where the company is found to be correct it may open the door it would seem for natty companies to push back against not only false advertising, but illegal activities of competitors both of which have a legal framework for but lax enforcement. It might seem like greed if you are selling legal stun guns and someone moves in next door selling so-called stun guns that were actually fully auto AK47s, but where the company in the right sues the company in the wrong I'm not sure that's actually greed or that the criminal activity won't be deemed actionable in court.
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03-30-2015, 07:06 AM #53
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03-30-2015, 08:02 AM #54
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03-30-2015, 01:49 PM #55
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03-30-2015, 02:10 PM #56
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03-30-2015, 02:40 PM #57
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03-30-2015, 04:19 PM #58
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DMX? lol Amusing typo is amusing.
Patrick Arnold stated, "dimethazine is a superdrol ketone derivative however superdrol is not a controlled substance," so -- depending on when the products were sold -- how was anything BSL did illegal? Calling their product a nutritional supplement is an ambiguous term, isn't it? It's a sports supplement they could call candy, right? Is there some law covering sports supplement terminology?
(Googles)
http://www.fda.gov/Food/DietarySupplements/
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03-30-2015, 06:46 PM #59
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03-30-2015, 08:34 PM #60HTWGuest
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