Biotec Foods Sues Vitarich Labs

HUNTINGTON BEACH, Calif., Jan 7, 2005 (BUSINESS WIRE) -- Biotec Foods, a division of Agrigenic Food Corp., a Huntington Beach-based manufacturer, packager and distributor of the Biotec Foods, Biomed Foods and Biovet International brands of dietary supplements, has filed a lawsuit in the United States District Court for the Central District of California alleging that Vitarich Laboratories, a Florida-based manufacturer, packager and distributor of nutraceutical products, and its founder Kevin J. Thomas, along with 10 other related-party defendants, have conspired to violate Agrigenic's registered and common law trademarks in spite of an existing U.S. District Court order and injunction which prohibited the activity.

Vitarich was recently purchased and brought into the fold of Argan Inc. (AGAX)(BSE:AGX), a publicly traded holding company. According to documents filed with the Securities and Exchange Commission, Argan Inc. paid approximately $12 million in cash and common stock to Vitarich company founder Thomas in order to purchase the company. None of Argan Inc.'s officers or directors were implicated in any of the allegations of wrongdoing.

The newly filed lawsuit charges Thomas, the former chairman and CEO of Vitarich Laboratories Inc., and 10 related defendants with conspiracy to violate Agrigenic Food Corp.'s U.S. Trademarks, Cyberpiracy and False Designation of Origin, and includes allegations of corporate identity theft and fraud.

Agrigenic Food Corp. is a closely held firm operating through its related-party service corporation, Arise Direct Marketing Inc., located in Huntington Beach.

Biotec Foods, a division of Agrigenic Food Corp., grows and processes nutritionally dense food concentrates in bulk form for sale to distributors and manufacturers and for sale as finished goods to retailers using their own trademarks including Cell Guard, Ageless Beauty, Extra Energy Enzymes, Pacific Sea Plasma and Anti-Stress Enzymes. Agrigenic Food Corp. also manufactures and distributes their Biomed Foods and Biovet International line of supplements.

The complete docket files for both the original civil action and contempt proceeding (Case No. CV 99-02283-CAS-MANx) and the newly filed civil action (Case No. CV 04-10585-DT-CTx) are available online through the United States District Court for the Central District of California's public access to court electronic records (PACER) system. For more information about PACER, contact the PACER Service Center at

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