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torstai 20. marraskuuta 2008

BSN-oikeudenkäynti jatkuu..


NOVEMBER 13th, 2008

Contact: Mark Robinson, Esq. 949.720-1288 beachlawyer51@hotmail.com
Scott Ferrell, Esq. 949.717.3000 sferrell@calljensen.com
James Hardin, Esq. 949.717.3000 jhardin@calljensen.com

Company Accused of Massive Fraud In False Advertising Lawsuit

Orange County, California ¨C A California Federal Judge has certified a nationwide and statewide class action against supplement maker Bio-Engineered Supplements & Nutrition, Inc. (¡°BSN¡±). The lawsuit alleges that BSN sold tens of thousands of bottles of its products Cellmass, Nitrix, and N.O.-Explode based upon false labels and false advertising. Specifically, the suit alleges that BSN falsely claims that its products contain a new form of creatine called ¡°Creatine Ethyl Ester Malate¡±, or ¡°CEM3.¡± The suit claims that not only did BSN¡¯s products not contain CEM3, but that CEM3 does not exist and is impossible to manufacture.
In certifying the class, U.S. District Judge James V. Selna concluded that the plaintiffs had ¡°provided sufficient evidence to demonstrate that they may be able to prove the false representations at trial.¡± The Court further concluded that the evidence presented by the Plaintiffs show ¡°evidence of a wide-spread advertising campaign which claims that CEM3 is a superior form of creatine¡± and that the same evidence ¡°tends to indicate that the representations were made.¡± Finally, the Court ruled that ¡°Rivera has provided sufficient evidence that the products did not contain CEM3¡± and that BSN improperly engaged in an ¡°underlying scheme of promoting CEM3 as a superior form of creatine¡± to allow the case to proceed to trial as a class action.
The Court certified a class of both California consumers and nationwide consumers. The Court defined the ¡°nationwide fraud class¡± to include ¡°All persons residing in the United States who, from November 6th 2003 to the date of certification, purchased any BSN product labeled as containing Creatine Ethyl Ester Malate¡± or ¡°CEM3¡±, including but not limited to ¡°Cellmass¡±, ¡°Nitrix¡±, and N.O.-Xplode¡± products.¡± The class is believed to include over 100,000 members nationwide, and the Court further noted that plaintiffs claim that ¡°the plaintiffs each lost $50 or more¡± as a result of the alleged fraud.
Finally, the Court appointed the law firms of Robinson, Calcagnie & Robinson (www.orangecountylaw.com) and Call, Jensen & Ferrell (www.calljensen.com) as counsel for the class. Collectively, the two firms have obtained verdicts and settlements of several billion dollars in recent years.
¡°I am sure the members of this newly certified class will appreciate Judge Selna's ruling. We still have a lot of work to do, but we are looking forward to proceeding to trial on behalf of the many consumers in the class who have been damaged¡±, stated class counsel Mark. Robinson. ¡°We¡¯re obviously quite pleased with the Court¡¯s decision¡±, added class counsel Scott J. Ferrell. ¡°BSN perpetrated a massive fraud on unwary consumers. By far, the most important aspect of the ruling is the ability to enjoin BSN from making these fraudulent claims. We also look forward to promptly notifying the class members and getting this case in front of a jury as soon as possible. Classwide damages could easily exceed $100 million.¡±
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For more information about the Rivera lawsuit or to schedule an interview with class counsel, please call Denise Reigel at 949.717.3000 or e-mail her at dreigel@calljensen.com.

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