Ultimate Nutrition Sues Diamond Drinks, Suscon, Anthony Cenimo, Jr., MetaBEV and John Sbordone for Unstable Product

FARMINGTON, CT (March 26, 2008) -- A civil law suit filed in the Connecticut Superior Court by Ultimate Nutrition names Diamond Drinks, Inc., Suscon, Inc., and Anthony Cenimo, Jr., all of Williamsport, PA, and MetaBEV, Inc., and John Sbordone both of Stamford, CT as defendants in an action to recover damages.

The defendants were all involved in the development and manufacturing of a protein shake product for Ultimate Nutrition. The complaint alleges that the defendants all assured Ultimate Nutrition that the product would be stable, with a one-year shelf life. When numerous bottles of the pink product turned green within six months and developed a bitter flavor, Ultimate Nutrition requested that Diamond Drinks recall the product, cure the defect, and rerun the batch. When that defendant never responded, Ultimate Nutrition withdrew the product from the market.

Ultimate Nutrition alleges that the defendants at all times held themselves out as being competent manufacturers that followed Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food, as set out in 21 CFR 110.

However, Craig Larsen, counsel for John Sbordone and MetaBEV, Inc., has responded to Ultimate Nutrition’s claim that the defendants had a duty to ensure Good Manufacturing Practices were followed in manufacturing this product by stating that "the product ... was a dietary supplement and, as a matter of fact and law, at the time of production of the beverage..., there were no Good Manufacturing Practices for dietary supplements, and thus it would be impossible for Metabev, Inc., or any defendant, to have such a duty."

Ultimate Nutrition’s Regulatory Counsel Marc Ullman pointed out that “the Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food is the minimum standard that all food product (including dietary supplement) manufacturers are expected to follow. This has been the law for a very long time, and it is incredible to me that any responsible manufacturer could suggest otherwise”

“If Diamond Drinks and the other defendants performed as promised, with the level of expertise that they claimed to have, and actually followed good manufacturing practices, this type of failure should never have happened,” said Ultimate Nutrition Vice President Brian Rubino. “Their negligence caused the product line to fail and hurt our reputation. We are seeking damages for the cost of manufacture, investment in advertising and marketing, and loss of good will and reputation in the industry.”

Court proceedings are ongoing.

Ultimate Nutrition was founded in 1979 by biochemist and top amateur power lifter Victor H. Rubino. Still family owned and operated, the company specializes in the finest quality, highly researched nutritional supplements for athletes.

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