Class action lawsuit.....BSN sued..Cellmass contains no CEM3?

[ElMariachi]

A lot of laws have been strongly enforced, some in very ridiculous manners, ever since Bush became president. The people definitely didn't give Bush the power he has. Politicians, as well as law enforcement, constantly abuse their powers. They get away with it most of the time, too, which is a shame.

Yet he was re-elected. People have the power, if they choose to not exercise their power, then they are doomed to whatever fate they have set for themselves through inaction.

Whether ingredients in a compound are illegal or not, people are gonna do what they wanna do, whether or not you tell them they can or can't do it.

Okay, what does that do with the government authorizing the sale of currently illegal compounds???

Bush just loves having control, so he'll be willing to sign anything and enforce anything, even though he can hardly read.

Nice ad hominem that has nothing to do with the issue at hand. Last time I checked, it took more than just the president to pass a law. Pretty much every single one of the Congressional Presidential candidates supported that bill as well.

I just strongly believe in the rights of individuals. If you wanna inject yourself with an illegal, injectible steroid, then fine. That's your choice. You're your own person, so you have that right. But the Law being able to tell you that you can't do that and treat your body the way you want? It's ridiculous. At least set restrictions, such as a legal age (18 or 21) to purchase and possess a particular supplement. Don't ban it just because a couple of idiots used it irresponsibly. That's their own fault.

Once again, go vote, change the laws, but don't get mad when the government enforces laws that were set by politicians that were voted into office.

And as I already said, most of the time, the FTC and FDA can compromise and come to terms, but that obviously wasn't the case, if you look at the few recent bans.

Why the hell would they compromise on illegal compounds? I was simply discussing the area of fraud. Companies have no right to sell illegal compounds, and they do so only because the FDA is focused elsewhere. If the FDA really was focused on this, they could have all these designer steroid compounds off the market in a couple weeks.

These products are never legal and operate in a grey-area that can turn black very quickly. Just because you can buy them now, does not mean they are legal.

It is the same deal as speeding. I'm sure you can get away with speeding most of the time, but don't expect the police officer who catches you doing 85 in a 60, to let you go, just because you got away with so many other times.

 

[ElMariachi]

how many supps do you think if tested contain exactly what they say? if those guys suing bsn get some dough look for people to start testing everything trying to cash in.

Look for things to change IMMENSELY in 2009. The FDA is going to be requiring companies to actually back up their labels with testing, which means a lot of companies will vanish, and product lines will drop dramatically. There will be less to choose from, but potentially, a lot more overall quality and value for the money.

 

[Cellardude]

how many supps do you think if tested contain exactly what they say? if those guys suing bsn get some dough look for people to start testing everything trying to cash in.

Yeah I agree. Im reading some of the post on the web. It turns out that epistane does have the 10mg that they claim. I just didnt read further down. I really like how Marc from Scivation after hearing someone bad mouth his products threw up lab test for his products. Thats a stand up company right there in my opinion. But your right though T. Everyones going to start trying to sue people for cash in that case.

 

[thebigt]

Yeah I agree. Im reading some of the post on the web. It turns out that epistane does have the 10mg that they claim. I just didnt read further down. I really like how Marc from Scivation after hearing someone bad mouth his products threw up lab test for his products. Thats a stand up company right there in my opinion. But your right though T. Everyones going to start trying to sue people for cash in that case.

lets hope the supp companies will voluntarily clean house with out the government getting involved, i just hope it's not to late.

 

[thebigt]

Yeah I agree. Im reading some of the post on the web. It turns out that epistane does have the 10mg that they claim. I just didnt read further down. I really like how Marc from Scivation after hearing someone bad mouth his products threw up lab test for his products. Thats a stand up company right there in my opinion. But your right though T. Everyones going to start trying to sue people for cash in that case.

yes but the problem with that is the labs are on the payroll, not saying in all cases but the probability for corruption still exists. remember supplements are BIG money, there is a lot at stake.

 

[MuscleGuyinNY]

lets hope the supp companies will voluntarily clean house with out the government getting involved, i just hope it's not to late.

This lawsuit is a gateway to many other lawsuits involving consumers and supplement companies.

 

[UNCfan1]

ElMariachi its awesome to see u post here. If u guys haven't seen this man post get ready he knows his sh*t.

U know I always wondered if Cellmass had anything in it. I took it for 2 months with nothing else. I didn't change anything about my diet from what I was doing before cellmass. I got nothing I tell u, nothing. I didn't expect much but I didn't gain anyweight, no fullness nothing. It tasted great!:thumbsup:

About the Epi, Got test also tested it an found tren in it, but thats a whole nother beast.

 

[penn21]

Id like to sue BSN too, considering my eyelids havent blinked normal since i got off No-Explode lol "anxiety". very worthless supp. Although i dont recommend any Pre "pump" workout drinks anyway. Dont Muscle Tech NaNo Vapor have a blood thinner in it? I used it for a month and it made me feel verrrryy funny.

 

[MuscleGuyinNY]

Id like to sue BSN too, considering my eyelids havent blinked normal since i got off No-Explode lol "anxiety". very worthless supp. Although i dont recommend any Pre "pump" workout drinks anyway. Dont Muscle Tech NaNo Vapor have a blood thinner in it? I used it for a month and it made me feel verrrryy funny.

They'll be the next ones sued.

It wouldn't surprise me.

 

[gotripped]

I bet nanovapor is the same way. muscletech and bsn both make me sickly in the tummy buns.

Anyways, I'll continue to stick with my D-bol, Superdrol, Phera-Plex, Anadrol, and Various Testosterone Esters.

 

[jmh80]

This thread has too many words for me to read it at 5am.

Epistane rocks.

I still say NOXplode has waaaaaay too much caffeine (maybe 300 mgs - feels like at least).

 

[MuscleGuyinNY]

This thread has too many words for me to read it at 5am.

Epistane rocks.

I still say NOXplode has waaaaaay too much caffeine (maybe 300 mgs - feels like at least).

I'm running my first cycle of Epistane in a couple of weeks! I can't wait. I'm getting very anxious.

 

[T-Bone]

I've taken NO-Xplode and I gained 15 lbs in 2 months, but that was with going to the gym for a couple of hours, for 5 days out of every week. I included a lot of protein in my diet. Did cardio as well. Didn't drink a lot of water because CEE doesn't dehyrate me like CM does. Besides, CM also made me feel bloated and gave me horrible gas. I hated it. But NO-Xplode did wonders for me.

You need to be very careful about what you read online.

HAHAHAHAHA!!!.:icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol:

:wtf::trout::gore::gore::gore:


Holly crap!

 

[gotripped]

HAHAHAHAHA!!!.:icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol:

:wtf::trout::gore::gore::gore:


Holly crap!

hahahhahaa!!!

 

[T-Bone]

Definitely not. I'm just assuming that the stimulant effect from NO-Xplode had helped me gain those 15 lbs. I was constantly in the gym. A couple hours a day, 5 days a week. I did a lot of heavy lifting. The NO-Xplode definitely stimulated and I do believe the Creatine content helped to some degree, as well. But I believe I accomplished the gains mostly on my own.

Lifting more often does not equal more mass.

 

[thebigt]

Lifting more often does not equal more mass.

shhh, thats supposed to be a secret.:food:izza:

 

[MuscleGuyinNY]

Lifting more often does not equal more mass.

I ate healthy and lifted a lot. I also included a lot of protein in my diet.

As for your excessive use of the 'lol' icon; I never once attributed that NO-Xplode was what helped me gain, or that it even had anything to do with it. Sure, I'm almost positive that it had a stimulant effect, which made me wanna go into the gym and lift because I felt I had so much energy.

 

[gotripped]

I ate healthy and lifted a lot. I also included a lot of protein in my diet.

As for your excessive use of the 'lol' icon; I never once attributed that NO-Xplode was what helped me gain, or that it even had anything to do with it. Sure, I'm almost positive that it had a stimulant effect, which made me wanna go into the gym and lift because I felt I had so much energy.

I applaud you on your physical success bro! Keep it up!
:clap2:

 

[MuscleGuyinNY]

I applaud you on your physical success bro! Keep it up!
:clap2:

I don't know if it's how I typed out that particular post or what, but people seem to be thinking that I'm completely attributing all of my success solely to using NO-Xplode, which definitely isn't the case. It definitely gave me a lot of energy, so that's probably what made me eager to get into the gym and lift like a mad man. I realize that it was most likely a stimulant effect. But with that feeling, I was able to lift and lift, and lift heavy. Even if it contains only CM, I still didn't drink a lot of water. I only drank water when I was thirsty, which wasn't often. I definitely slimmed down, but jacked up. I was solid. I was impressed. I'm sure that it was most likely due to me just lifting and really dedicating myself. I just found it odd how the CM, meanwhile I thought it was 'CEM3,' didn't have the effect on my body that other brands of CM do. I usually end up chugging a lot of water, feel bloated, and have a lot of gas, but I never experienced any of that from NO-Xplode. I'm sure my diet had a lot to do with my success, as well. I had actually been vegetarian for 3 months before getting into the gym, then remained vegetarian for 2 months while being in the gym. I consumed whey protein, but also a lot of protein from soy and tofu products. I went from 190 lbs - 205 lbs in about 2 months, or so.

 

[thebigt]

I don't know if it's how I typed out that particular post or what, but people seem to be thinking that I'm completely attributing all of my success solely to using NO-Xplode, which definitely isn't the case. It definitely gave me a lot of energy, so that's probably what made me eager to get into the gym and lift like a mad man. I realize that it was most likely a stimulant effect. But with that feeling, I was able to lift and lift, and lift heavy. Even if it contains only CM, I still didn't drink a lot of water. I only drank water when I was thirsty, which wasn't offten. I definitely slimmed down, but jacked up. I was solid. I was impressed. I'm sure that it was most likely due to be just lifting and really dedicating myself. I just found it odd how the CM, meanwhile I thought it was 'CEM3,' didn't have the effect on my body that other brands of CM do. I usually end up chugging a lot of water, feel bloated, and have a lot of guess, but I never experienced any of that from NO-Xplode. I'm sure my diet had a lot to do with my success, as well. I had actually been vegetarian for 3 months before getting into the gym, then remained vegetarian for 2 months while being in the gym. I consumed whey protein, but also a lot of protein from soy and tofu products. I went from 190 lbs - 205 lbs in about 2 months, or so.

i think what were getting at is a bottle of caffeine pills might have given same results. primaforce caffeine- 90 pills ,200mg each=$6.

 

[MuscleGuyinNY]

i think what were getting at is a bottle of caffeine pills might have given same results. primaforce caffeine- 90 pills ,200mg each=$6.

I'll remember that for future reference, for an ECA stack.

 

[gotripped]

i think what were getting at is a bottle of caffeine pills might have given same results. primaforce caffeine- 90 pills ,200mg each=$6.

Well not necessarily caffeine pills generally are harder hitting on the sides than that of the blended no-xplode for some reason... Atleast it felt that way to me.

NYGuy, I'm really glad you've been able to maintain a high quality of diet and training methods. Especially gaining off of a vegetarian diet which is impressive. It's probably the CM and the Caffeine together that was a nice addition to your already stellar workout regimen. I would speculate to say that the combination of caffeine with the CM helped to keep all bloat to a minimum, if any at all, as caffeine is a diuretic.

 

[thebigt]

I'll remember that for future reference, for an ECA stack.

two things i have tried that are inexpensive and works much better that no explode are smash and ragnarok. the rag has a huge serving of various creatines and is very cost effective. mt products just are'nt cost effective.

 

[MuscleGuyinNY]

Well not necessarily caffeine pills generally are harder hitting on the sides than that of the blended no-xplode for some reason... Atleast it felt that way to me.

NYGuy, I'm really glad you've been able to maintain a high quality of diet and training methods. Especially gaining off of a vegetarian diet which is impressive. It's probably the CM and the Caffeine together that was a nice addition to your already stellar workout regimen. I would speculate to say that the combination of caffeine with the CM helped to keep all bloat to a minimum, if any at all, as caffeine is a diuretic.

Whenever I took NO-Xplode, I felt as though I just had to be in the gym. If I wasn't in the gym, then I would go crazy. I was always feeling 'pumped.'

Being vegetarian definitely isn't easy. Especially when you've been a meat eater all your life. I tried vegetarianism probably about 3 or 4 times before and I failed each time. I can't resist turkey, chicken, tuna, etc. I was eventually able to discipline myself. I was sick and tired of setting a goal for myself, and keeping on screwing it up. Now, if only I could discipline myself in other areas of life, I'd be quite a self-made man.But anyways, sticking to the subject, lol. I might eventually try the vegetarian route again. I did enjoy it. I always felt great. But I may find a better and more beneficial supp to help aid me in my success next time around.

 

[gotripped]

Whenever I took NO-Xplode, I felt as though I just had to be in the gym. If I wasn't in the gym, then I would go crazy. I was always feeling 'pumped.'

Being vegetarian definitely isn't easy. Especially when you've been a meat eater all your life. I tried vegetarianism probably about 3 or 4 times before and I failed each time. I can't resist turkey, chicken, tuna, etc. I was eventually able to discipline myself. I was sick and tired of setting a goal for myself, and keeping on screwing it up. Now, if only I could discipline myself in other areas of life, I'd be quite a self-made man.But anyways, sticking to the subject, lol. I might eventually try the vegetarian route again. I did enjoy it. I always felt great. But I may find a better and more beneficial supp to help aid me in my success next time around.

Good Deal Bro!
Later Everybody!

 

[MuscleGuyinNY]

two things i have tried that are inexpensive and works much better that no explode are smash and ragnarok. the rag has a huge serving of various creatines and is very cost effective. mt products just are'nt cost effective.

I've heard some good things about both, including Swell. But I really like the fact that Ragnarok contains several types of Creatine. That reminds me of MT's NaNO Vapor, which I've never tried. Only because I've seen a lot of other supp's containing the same ingredients and at the same time, for a much cheaper price.

I've looked into CreaPure, but that's strictly 99.9% pure Creatine Monohydrate. I hate ordinary CM by itself. I think I'd enjoy Ragnarok much better.

 

[MuscleGuyinNY]

Good Deal Bro!
Later Everybody!

Later.

Nice chatting with you, man.

 

[Necroticism]

Look for things to change IMMENSELY in 2009. The FDA is going to be requiring companies to actually back up their labels with testing, which means a lot of companies will vanish, and product lines will drop dramatically. There will be less to choose from, but potentially, a lot more overall quality and value for the money.

yeah, a bunch of guys at max muscle were telling me about that. theyve already started testing all of there products so that new law wont even effect them.

 

[T-Bone]

yeah, a bunch of guys at max muscle were telling me about that. theyve already started testing all of there products so that new law wont even effect them.

I had not heard of this. Sounds like prices will increase also if they have to do that.

 

[Necroticism]

I had not heard of this. Sounds like prices will increase also if they have to do that.

idk there prices are already pretty high, but atleast you know what youre getting. they wont be able to sell you bunk products.

 

[gotripped]

I'll stick with tried and true juice.

 

[b unit]

BSN deserve evrything they get, lol, light weights baby, ain't nothing but a peanut, yeah buddy!!!

 

[Cellardude]

BSN deserve evrything they get, lol, light weights baby, ain't nothing but a peanut, yeah buddy!!!

they might have to cut ronnie from the team to pay for the lawsuit. :lol:

 

[ReaperX]

I don't actually hate against NO-XPLODE. I've tried the product and it was heavily stimulated (at least for me). With jhm I would have to say that it probably feels like 300mg of caffeine if not more. It is not just the caffeine that is the stim, but all the synergistic compounds that causes it to even be more 'extreme'.

The problem that a lot of people have been having is NO-XPLODE works kick ass for awhile then sucks. If you take mega ass amount of stims constantly your body becomes adjusted to it.

At any rate, NO-XPLODE made me feel very dizzy and shot my blood pressure through the roof. I want to note again that this shlt literally raised my blood pressure like you would not imagine @ 2 scoops.

 

[dhuge67]

 

[MuscleGuyinNY]

I really doubt that BSN products, at least not alone, got him to where he is. Physically, that is.

 

[rpen22]

I really doubt that BSN products, at least not alone, got him to where he is. Physically, that is.

LOL, what?

 

[dhuge67]

LOL! I blogged about this...

Supplement Company BSN was sued due to the fact that their creatine product Cell Mass does not contain creatine.

Jesus Christ.

Well, it’s actually good this happened because all of these 17 year old “bodybuilders” using these ****ty products might hear about this. If not, they’ll continue to think that Ronnie Coleman got jacked from CELL MASS and not some outrageous drug regimen involving gram upon gram of testosterone and other steroids combined in one insane chemical-experiment-stack named Ronnie Coleman. Yeah, it was the Cell Mass and not the dbol, test, anadrol, hgh, igf, and horse testicles.

 

[NateWA]

So if I have a bottle of nitrix and the receipt lying around does this mean I can make a couple mill?

 

[NateWA]

Or am I too late?

 

[Cellardude]

Or am I too late?

I beat you to it biatch.

jk. :lol:

 

[NateWA]

Everybody Go Out And Buy Bsn Stuff And Lets Make Another Lawsuit!!

 

[Cellardude]

Everybody Go Out And Buy Bsn Stuff And Lets Make Another Lawsuit!!

we'll take them for all they have just like they've done with everyone else. :lol:

Poor ronnie will be fired to pay for our lawsuits. :icon_lol:

 

[MuscleGuyinNY]

Everybody Go Out And Buy Bsn Stuff And Lets Make Another Lawsuit!!

I have 3/4 of a tub of NO-Xplode, sitting in the trunk of my car. Haha.

 

[mindgame]

I wonder if the BSN team will sue too? lol o man let the money roll!

 

[neoborn]

Welcome to non lurker status El.

Much Love,

Neoborn

 

[MuscleGuyinNY]

I wonder if the BSN team will sue too? lol o man let the money roll!

I'm sure BSN will try suing for defamation, whether it be for slander or libel.

 

[Ryan Leal]

I will argue on NY's side as well. To each their own, some people experience different gains. Have people used BSN and liked the results? yeah of course. It's not complete garbage, but its nothing special either. Plain monohydrate creatine will add a few extra pounds to you. Caffeine will give increase in energy and strength. Some people love it, some dont. Thats fine. I think it works for the first week for energy and then shortly after, nothing. but thats just my opinion. Agian different people see different results on the same supplements. It depends on the person thats all.

I agree with u here...Its always funny tho to hear people say they tried product x and gained 15lbs in a week...this is pure bs. The reason why NO Xplode works for most people is just the high amount of caffiene there product contains...a long time ago I researched on there website and they claim that each scoop contains roughly 200mg of caffiene. If u use two scoops (400mg of caffiene) preworkout u better feel something! BSN's products are all hype...sure they have cool looking advertisements and product labels but there products are simply average and nothing special.

 

[dsade]

i think what were getting at is a bottle of caffeine pills might have given same results. primaforce caffeine- 90 pills ,200mg each=$6.

Or you could go with the new NP Bulk Caffeine Tabs....100 tabs, 200mg for $3.75

 

[LouisBourbon]

I have used NOxplode and CellMass for almost a year now on and off and am very happy with the positive effects I see when I'm using them as compared to when I'm not. I've used creatine mono and wasn't all that impressed. I also know what a simple caffeine buzz feels like and I get something entirely different from NOxplode.

Whenever I took NO-Xplode, I felt as though I just had to be in the gym. If I wasn't in the gym, then I would go crazy. I was always feeling 'pumped.'

Does that sound like a simple caffeine buzz to you, MuscleGuyinNY?

Lastly, I think that it's important for someone to point out that a lawsuit filed against a company is not a guilty verdict. There are always two sides to every lawsuit and I'll wait until there's an actual verdict before I forget what my body is telling me and decide BSN and everything they make is crap. With this in mind, I've gone ahead and posted BSN's response to the lawsuit below. You guys might wanna check it out.

Written by Team BSN
Friday, 28 December 2007
UPDATED PRESS RELEASE!
BIO-ENGINEERED SUPPLEMENTS & NUTRITION, INC. (BSN) VIGOROUSLY DEFENDING CLASS ACTION LAWSUIT:
Bio-Engineered Supplements & Nutrition, Inc. (BSN) is a leading developer, marketer, provider and distributor of nutritional supplements designed for health, training, physique, and performance support. Among other innovative products, BSN has assisted in developing many advancements within the sports nutrition industry, one of which is the ultra-premium breakthrough ingredient Creatine Ethyl Ester Malate (CEM3).
DON’T BE A VICTIM OF THE MESSAGE BOARDS
Unfortunately, in this day and age news of lawsuits spread so quickly that a court does not have a chance to evaluate the merits of a case nor the evidence surrounding it before it quickly spreads like wildfire through industries and consumer groups. Which in the case of the alleged lawsuit against BSN, no evidence has been brought forward at this time, yet many consumers and industry insiders have automatically become judge and jury on a situation in which they have limited knowledge nor all the facts surrounding the lawsuit. Do not be a victim of the message boards! Message boards were intended to provide for an easy exchange of information, not to spread speculation, assumptions and misinformation. No conclusions can be drawn by the mere filing of a lawsuit. At this point no evidence has been produced nor is it required to be produced to file a lawsuit. At this point there are only allegations (which we will discuss further in this press release). Allegations can come forward for many different reasons. In business often times they can be provoked by competitors who feel this is a tactic to slow down a company’s growth by hurting the company from a PR perspective, taking a stab at the company’s financial status or trying to destroy the company’s credibility with consumers. Sadly, these approaches seem to be the new American way of doing business! Ironically enough, they seem to quickly make their way to the message boards with the criticism of individuals or competitive corporations which more often than not have ulterior business motives in supporting the posted lawsuit or allegations. Often times these message board “gurus” supporting these “witch hunts” have little to no legal or scientific knowledge of the facts surrounding the situation, but only what they read in a lawsuit or what is perpetuated on the internet; which can more often than not be misleading or down right false. Don’t be a victim to such cheap tactics, and remember this same situation could one day happen to you, a friend, your business, or your favorite supplement company. If that were the case would you not support them knowing their previous history and integrity should speak enough volume to discredit something that anyone can file in court any day of the week?
When a supplement company cannot fairly beat out their competition in the marketplace by playing fair and by the rules (which in this case is making products that outperform BSN’s), then sometimes these corporations take the less innovative and much easier road and try to discredit a reputable company in any way possible in an effort to increase or better their own sales or credibility with the consumer - even if their products happen to be less than superior. Oddly enough news of lawsuits quickly make their way to the internet and message boards. On the message boards countless visitors, in addition to paid individuals by industry competitors and competitors themselves are strategically sent on a mission to perpetuate the allegations as if it was the golden word passed down from the supplement gods (even before the lawsuit is proven in front of a jury or a judge in a court of law to be frivolous or without merit). This approach can ultimately only end up misleading the consumer who may choose not to use quality products with proven track records, but now only because they read something on a message board or heard something as hearsay, the consumer makes uninformed assumptions which may have never been presented correctly to them in the first place or ever even proven in a court of law to be accurate. Ironically, this is completely opposite of how our judicial system is supposed to work, but unfortunately consumers fall victim to these tactics all too often. For those consumers smart and savvy enough to see through these competitor tactics and games - every company with integrity thanks you.
BSN WILL NOT BE A VICTIM TO FALSE ALLEGATIONS
Unfortunately BSN has been recently served by the law firm of Call, Jansen & Ferrell. Recently, this firm represented an industry competitor which has attacked BSN in the media. The lawsuit filed by this firm was filed against BSN on behalf of Michael Rivera and Dan Abell individually and on behalf of all others similarly situated (the “Lawsuit”). The Lawsuit alleges that:
1) CellMass®, N.O.-Xplode￾ or Nitrix® do not contain CEM3;
BSN believes that these allegations are based upon unreliable testing methods, and it intends to provide the Court with independent test results which are based upon proper scientific methods.
2) BSN’s patent pending for CEM3 does not exist;
Contrary to claims in the complaint, a patent application seeking exclusive rights to Creatine ethyl ester malate (CEM3) in connection to nutritional supplements was filed with the United States Patent Office (‘USPTO”) on November 8, 2004 and remains pending before the USPTO (many patent application filings can take several years before the USPTO can make a final decision on the filed patent). The CEM3 application was assigned the identification number 10/904,389. With some exceptions, patent applicants can decide at the time of filing an application whether they wish the patent office to publish the application after 18 months. It is a common practice for applicants to decline publication in an effort to preserve trade secrets contained in the application pending the outcome of the examination process. The application for CEM3 was not published for trade secret preservation purposes, but the application is indeed pending and active at the USPTO. BSN has gone to great lengths and expense to develop a novel cutting edge process for CEM3, which will soon be validated when this patent is published to the public.
3) CEM3 does not exist;
BSN is unsure why an allegation is being made that CEM3 does not exist. As stated above, a patent has been filed with the USPTO which will soon be made available to the public. For a laboratory to correctly identify CEM3 they would need a standard reference sample, and the proper methods & protocols used to test for CEM3. It is also necessary to communicate with the inventor of the compound to obtain a standard reference sample in addition to the various other mechanisms in which to test for the compound. To merely attempt to identify CEM3 without the proper knowledge and testing procedures is sure to produce a negative result for almost any lab which would in their uniformed minds develop a conclusion that the compound does not exist; however, with concern to CEM3, no company or lab has ever contacted BSN for testing methods or standards in an effort to correctly validate CEM3’s existence.
BSN is of the belief that such allegations stem from a posting on Supplementpolice.com, where BSN’s product CellMass® was falsely reported as not containing CEM3. Supplementpolice.com, SupplementDirect.com, and Supplement Direct retail stores are owned by the same individual, David Lopez. Ironically Supplement Direct (and its affiliates) continues to sell and profit from the sale of CellMass® as well as other BSN products on their website(s).
BSN is currently pursuing claims in litigation against Supplement Police.com to refute such as Supplementpolice.com stated that CellMass® had been tested for the ingredient CEE, not CEM3. The testing methods and standards they used are questionable and appear unlikely to correctly identify CEM3. Furthermore, these methods and standards were noted in the documents provided in BSN’s lawsuit against SupplmentPolice.com that a reference standard used by San Rafeal Chemical Services (SRCS) (which again was testing for the CEE not CEM3), was provided a standard which was supplied by one of BSN’s competitors. Also, until just recently the Call, Jansen & Ferrell law firm was defending this lawsuit and also representing Mr. Lopez’s interests as well.
Furthermore, SRCS was recently involved in a very large government laboratory sting operation (conducted by the DEA), and as a result of the government’s investigation, SRCS no longer has a DEA license.
4) BSN is the alter ego of Chris Ferguson;
The Lawsuit alleges that BSN is merely an Alter Ego of Christopher Ferguson, the President and CEO of BSN. This is simply not true and is merely an unjust and an unsubstantiated allegation. BSN is a Delaware corporation operating under the laws of the State of Delaware. BSN observes appropriate corporate formalities.
CREATING NOVEL INGREDIENTS AND PROCESSES
The creation of a new ingredient is an extremely involved and difficult endeavor, which can include years of time and capital investment. Therefore, a new process and every aspect of this process is highly confidential and proprietary intellectual property. It requires several phases of research and development consisting of the conceptualization phase, synthesis phase, and analytical testing phase. Each phase requires scientific precision in order to successfully move to the next step. Once an ingredient has been synthesized it undergoes analytical testing method development, which is the process of developing an analytical method to ensure the existence of the ingredient. Analytical testing requires precise adherence to the developed methodology in addition to a sample of the ingredient in question and the use of a reference standard, which is a sample of the ingredient you are testing. In other words, you need a sample of the raw material you wish to analyze in order to compare it against the ingredient in question and thus make sure you are comparing apples to apples and not apples to oranges. Analytically testing for an apple but using an orange as your reference standard will not produce a positive result. BSN will stand strong and continue to show that BSN has honor and integrity and that not only do BSN supplements work but the technology that BSN develops and uses in our products have scientific validity.
BSN HAS A PROVEN TRACK RECORD - CAN MILLIONS OF CUSTOMERS AND NUMEROUS AWARDS BE WRONG?
BSN’s unprecedented growth would not be possible if BSN operated with a “smoke and mirrors” approach to researching, developing, and producing ultra-premium products. BSN has achieved this extraordinary level of success because BSN’s products are scientifically sound, and have been found for numerous years to meet the stringent needs and demands of consumers. Consumers have thousands of choices when it comes to choosing products to help them achieve their goals; yet for the last 3 years and beyond BSN’s products have received an unprecedented amount of awards and accolades not just by industry insiders but more importantly awards chosen by consumers.
2007 North American Awards & Accomplishments
(Listed Below Are Only Accomplishments Which Are Relevant To BSN’s Products Integrity And Brand)
* Brand of the Year: BSN - 1st Place (2nd Year in A Row) (Bodybuilding.com1)
* Muscle Builder of the Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾- BSN - 1st Place (3rd Year in A Row) and CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 2nd* Place (Also, 2nd Year In A Row) (Bodybuilding.com1)
* Nitric Oxide Product of the Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ - BSN - 1st Place (3rd year in a row) and NITRIX <http://bsnonline.net/products/products_expanded.php?id=834266005031> ® - 2nd Place (Also, 3rd Year in A Row) (Bodybuilding.com1)
* Creatine Product of the Year: CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - BSN - 1st Place (Also, 3rd Year in A Row) (Bodybuilding.com1)
* Weight Gainer of the Year: TRUE MASS <http://bsnonline.net/products/products_expanded.php?id=834266006557> ￾ - 1st Place (Bodybuilding.com1)
* Supplement of the Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ - 2nd Place (2nd Year In a Row) (Bodybuilding.com1)
* Protein Powder of the Year: SYNTHA-6 <http://bsnonline.net/products/products_expanded.php?id=834266006205> ￾ - 2nd Place (Bodybuilding.com1)
* GNC Shining Star
* Best Protein: SYNTHA-6 <http://bsnonline.net/products/products_expanded.php?id=834266006205> ￾ (Averagejoesupplements com2)
* Best Muscle Builder N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ (Averagejoesupplements com2)
2007 European Awards & Accomplishments
* Power Sport Product Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> (MMA Dojos3)
2006 North American Awards & Accomplishments
* GNC Rising Star Award
* Brand Of The Year: BSN - 1st Place (Bodybuilding.com1)
* Muscle Builder Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ and CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 1st and 2nd Place (Bodybuilding.com1)
* Creatine Product Of The Year: CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 1st Place(Bodybuilding.com1)
* Nitric Oxide Product Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ - 1st and NITRIX <http://bsnonline.net/products/products_expanded.php?id=834266005031> ® - 2nd Place (Bodybuilding.com1)
* Overall Supplement Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ - 2nd Place (Bodybuilding.com1)
* New Product Of The Year: TRUE MASS <http://bsnonline.net/products/products_expanded.php?id=834266006557> ￾ - 2nd* Place (Bodybuilding.com1)
* Breakout Brand Of The Year: BSN - 3rd Place (Bodybuilding.com1)
2006 European Awards & Accomplishments
* Best Brand Of The Year: BSN - 1st Place (Gigasnutrition.com4)
* Creatine Product Of The Year: CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 1st Place(Gigasnutrition.com4)
* Nitric Oxide Product Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> - 1st Place(Gigasnutrition.com4)
2005 North American Awards & Accomplishment
* Muscle Builder Of the Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ and CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 1st and 2nd Place (Bodybuilding.com1)
* Creatine Product Of The Year: CELLMASS <http://bsnonline.net/products/products_expanded.php?id=834266002153> ® - 1st Place (Bodybuilding.com1)
* Nitric Oxide Product Of The Year: N.O.-XPLODE <http://bsnonline.net/products/products_expanded.php?id=834266009008> ￾ - 1st and NITRIX <http://bsnonline.net/products/products_expanded.php?id=834266005031> ® - 2nd Place (Bodybuilding.com1)
1Nominated by an independent consumer poll - Source: Bodybuilding.com.
2 As determined by an independent consumer poll - Source: Averagejoesupplements.com.
3 As determined by an independent consumer poll - Source: MMA Dojos throuout the UK. As determined by the Seni Award for Europe.
4 As determined by an independent consumer poll - Source: Gigasnutrition.com
For over 3 consecutive years BSN products have been recognized by consumers as the best in their respective categories. As any consumer knows, if you buy something once and it does not deliver then you generally do not buy it again. BSN products are far from typical and BSN has proven this by developing cutting edge products which are purchased month in and month out by loyal repeat customers. Additionally, new customers who try BSN products everyday for the very first time quickly come to understand what sets BSN apart from the rest of the industry; and soon these new customers become one of the many faithful consumers which feel BSN produces ultra-premium products that continue to deliver unparalleled results month after month. Can millions of customers year after year be that wrong? BSN does not think so and believes neither do BSN customers or tens of thousands of retail supporters around the world.
BSN FINISHES FIRST!
BSN’s corporate mission from day one was to make products consumers could unequivocally consider to be the most superior products available.
For those customers and retailers that have relentlessly supported BSN’s vision, products, and brand we could never repay you for your loyalty and patronage; we can only hope that BSN’s products and reputation, as leader in sports supplements, has helped deliver and serve your needs in reaching your health, physique, and performance goals. BSN is confident we will prevail in this current lawsuit!
The court will not rule on the merits on this lawsuit until sometime next year, but if you have any questions or concerns about the accuracy of the labeling of BSN’s products or any questions related to the products themselves, BSN stands ready and willing to address any such questions or concerns.
Yours in Health, Transformation, and Performance
TEAM BSN
BSN has hired the firms of AminHallihan, LLC out of Illinois and ReedSmith, LLP out California to defend the Lawsuit. BSN takes pride in the products which it has produced over the years. Many of those who have used BSN’s products, including those products involved in the lawsuit, have attested to how well the products have worked for them. BSN disagrees with all claims being made and will vigorously defend all such claims and allegations.
Bio-Engineered Supplements & Nutrition, Inc. is a leading developer, marketer, provider and distributor of nutritional supplements designed for training, physique, and performance. BSN’s innovative and effective products include NITRIX®, NO-XPLODETM, CELLMASS®, LEAN DESSERT PROTEINTM, SYNTHA-6®, TRUE-MASS®, AXIS-HTTM, CHEATERSTM, THERMONEXTM, ATRO-PHEX® AND ENDORUSHTM. For more information please visit, www.bsnonline.net.
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