Court rules against Serum Creatine

U.S. District Court Issues Injunction Against MM USA In Suit Brought By
Degussa Bioactives
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Degussa BioActives filed a Complaint on February 15, 2002 against Muscle
Marketing USA, Inc. asking the federal U.S. district court in Los
Angeles, California, to force Muscle Marketing to stop making false
claims about powdered creatine, a nutritional supplement that enhances
exercise performance. In its Complaint,* Degussa BioActives had
identified what it regards as scientifically false and deceptive
statements and claims made by Muscle Marketing USA about creatine powder.

Degussa BioActives is pleased to announce that it has been fully
successful in the litigation and that Muscle Marketing, its affiliates,
and anyone acting in participation with them have been precluded, by
court injunction, from making such statements and claims about creatine
powder and its stability, safety, and effectiveness.

An Injunction was entered by the Court on January 13, 2004, providing as
follows:

³In the United States District Court for the Central District of
California
Case no. 02-01390 RGK (Ex)

Degussa BioActives Sales US, Inc., Formerly Known as Traco Labs, Inc.
Plaintiff v. Muscle Marketing USA Inc., et al.,* Defendants.

Order for Permanent Injunction

It is hereby ordered, adjudged and decreed that Defendants Muscle
Marketing USA, Inc. and Mostafa Omar, their officers, agents, servants,
employees, consultants, or commercial affiliates and all those persons
in active concert or participation with them (collectively, ³MMUSA²), be
and they are hereby permanently enjoined and restrained throughout the
world from the following:

1.*Making, publishing, or in any way disseminating, or causing others to
do so, statements, articles and/or advertising, including website
publications, disparaging, characterizing, commenting on, or referring
in any way to creatine powder products, including their safety and
efficacy.** MMUSA shall make no statements comparing its creatine
products, including creatine serum product(s), with any creatine powder
products, including without limitation CREAPURETM creatine monohydrate
powder marketed by Degussa BioActives U.S., L.L.C., with respect to
safety, efficacy, side effects, or in any other respect.* MMUSA shall
remove from all labeling and marketing copy any comparison of Serum v.
Powder, such as that which presently appears on labels of MMUSA¹s
Creatine Serum products, on other liquid creatine products, and
elsewhere.*

2.*MMUSA shall comply with the following:

a.*MMUSA shall immediately remove all website and MMUSA-created
literature relating to this action;
b.*MMUSA shall cancel and withdraw from publication all prohibited media
advertising within 90 days; and

3.*MMUSA and Mostafa Omar, without admitting any wrongdoing, have agreed
to this injunction.*

Dated: Jan 8, 2004
The Hon R. Gary Klausner
United States District Judge²

Degussa BioActives is gratified that the above Injunction was issued
with world-wide reach and is binding not only on Muscle Marketing USA
and Omar but all those acting in concert or participation with them.

As a market leader for powdered creatine, under the CREAPURETM* brand,
Degussa BioActives will not tolerate others making claims about creatine
powder or liquid forms of creatine which have been proven to be false by
well-accepted studies.* Degussa BioActives will continue to protect
consumers from deceptive and misleading statements.

Degussa Food Ingredients with its business lines BioActives, Texturant
Systems and Flavors & Fruit Systems is a Business Unit of Degussa, a
multinational corporation consistently aligned to highly profitable
specialty chemistry. With sales of ¤11.8 billion and a workforce of some
48,000, it is Germany's third-largest chemical company and the world
market leader in specialty chemicals. In fiscal 2002, the corporation
generated operating profits (EBIT) of more than ¤900 million. Degussa's
core strength lies in highly-effective system solutions that are
tailored to the requirements of its customers in over 100 countries
throughout the world. DegussaŒs activities are led by the vision
"Everybody benefits from a Degussa product * every day and everywhere".

--
Will Brink

http://www.brinkzone.com/
http://musclebuildingnutrition.com/
http://www.aboutsupplements.com/

There are a number of reports that suggest that leaving creatine or
creatinine in a concentrated liquid mix with aminoacids and
carbohydrates produces carcinogenic compounds, even under room
temperature conditions. This seems a bigger concern than lack of
efficacy.

DZ