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As reported on Medium, ThermoLife International LLC, owned by Ron Kramer, filed suit against MusclePharm on January 15, 2016 in Arizona state court. ThermoLife alleges that MusclePharm has failed to meet minimum purchase requirements for their patented Amino Nitrates (like Creatine Nitrate), as well as failing to pay the appropriate royalty fees for use of the amino nitrates.
That's not where things end though. MusclePharm filed a countersuit on March 14,2016 in response to the initial filing by ThermoLife. MP's countersuit claims:
"ThermoLife breached each of its express and implied warranties by supplying to MusclePharm Nitrates that caused product-hardening and "clumping" when incorporated into MusclePharm's products, rendering them unuseable."
Basically, ThermoLife's nitrates caused massive clumping in the supplements during production and ultimatly destroyed $1.2 million in product that was unable to be sold. Additionally, MusclePharm claims that Ron Kramer (owner of ThermoLife, claimed, and made the express warranty, that his Amino nitrates were, "… as natural, safe, and legal as they come…"
However, MusclePharm doesn't seem to agree and has alleged that each express warranty, on every single amino nitrate used, was breached.
If each of these warranties was breached, then the original warranty stating the nitrates are “… as natural, safe, and legal as they come…” was breached. This means that MusclePharm is alleging that Kramer's nitrates are not "...as natural, safe, and legal as they come…”
The fallout of the suit and countersuit could have massive reprecussions for not only MusclePharm and Ron Kramer, but the supplement industry as a whole. Kramer supplies amino nitrates to a number of other supplement companies and if these products also experience the same clumping ThermoLife, and Ron, could be in for a number of major lawsuits. If, however, MusclePharm is on the losing end of the court proceedings, it will just continue the downward spiral the supplement company has been on for almost a year now.
Regardless of the outcome, you can be sure things will get very interesting in the next few months for the supplement industry...
MusclePharm and ThermoLife Head to Court with Dueling Lawsuits! - SupplementReviews.com
That's not where things end though. MusclePharm filed a countersuit on March 14,2016 in response to the initial filing by ThermoLife. MP's countersuit claims:
"ThermoLife breached each of its express and implied warranties by supplying to MusclePharm Nitrates that caused product-hardening and "clumping" when incorporated into MusclePharm's products, rendering them unuseable."
Basically, ThermoLife's nitrates caused massive clumping in the supplements during production and ultimatly destroyed $1.2 million in product that was unable to be sold. Additionally, MusclePharm claims that Ron Kramer (owner of ThermoLife, claimed, and made the express warranty, that his Amino nitrates were, "… as natural, safe, and legal as they come…"
However, MusclePharm doesn't seem to agree and has alleged that each express warranty, on every single amino nitrate used, was breached.
If each of these warranties was breached, then the original warranty stating the nitrates are “… as natural, safe, and legal as they come…” was breached. This means that MusclePharm is alleging that Kramer's nitrates are not "...as natural, safe, and legal as they come…”
The fallout of the suit and countersuit could have massive reprecussions for not only MusclePharm and Ron Kramer, but the supplement industry as a whole. Kramer supplies amino nitrates to a number of other supplement companies and if these products also experience the same clumping ThermoLife, and Ron, could be in for a number of major lawsuits. If, however, MusclePharm is on the losing end of the court proceedings, it will just continue the downward spiral the supplement company has been on for almost a year now.
Regardless of the outcome, you can be sure things will get very interesting in the next few months for the supplement industry...
MusclePharm and ThermoLife Head to Court with Dueling Lawsuits! - SupplementReviews.com
