Litigation Against MM USA and 'Creatine Serum'

In February 2002, Degussa BioActives filed a law suit against Muscle Marketing USA (MM) in federal court charging MM with trade libel and false claims regarding its “creatine serum” product and its comparisons to creatine powder falsely claiming that creatine serum is more effective and stable than creatine powder, including Degussa’s well-respected Creapure® powder product. Degussa BioActives has been successfully marketing its Creapure® powder product in the United States for nearly ten years.

In addition, MM was sued in 2002 in two consumer class actions in the California state court, and one in 2003 filed in an Illinois state court, charging it with false and deceptive advertising of its creatine serum product. The California state court has already found that MM’s advertising is likely to deceive the public.

A comparative study completed in April 2003 by a team of internationally recognized scientists found that creatine serum is ineffective in raising muscle creatine levels, a prerequisite to enhance muscular performance. This study also found that creatine powder does raise creatine levels in muscle substantially, by about 30 %. The details of this study are set forth at and at:


MM Counterclaim

MM has now filed, a year-and-a –half after Degussa BioActives’s initial suit of February 2002, a Counterclaim in this litigation, claiming that it is creatine powder which is ineffective, despite the nearly 10 years of successful marketing of this product by Degussa BioActives in this country and despite decades of scientific research establishing the safety and efficacy of creatine powder.

Degussa BioActives has moved in court to strike MM’s counterclaim as grossly belated. In addition, this claim has no factual foundation whatsoever. There are NO clinical data or other scientific studies supporting MM’s claims, which are contrary to the large body of scientific literature and studies establishing the long-term safety and efficacy of creatine powder.

Initial state court decisions have found that MM’s actions are likely to deceive the public and these litigations are proceeding.

Degussa BioActives is seeking a prompt trial in federal court so that this claim issue can be exposed and resolved.

For further questions please contact Mark A. McClendon, Degussa Corporation, phone +1 216 839-7807, e-mail: [email protected]

Degussa BioActives specializes in a wide range of health-promoting ingredients for the food and dietary supplement industry. Technical information on Degussa BioActives' full line of ingredients can be found on the web site at

Degussa is a multinational corporation consistently aligned to highly profitable specialty chemistry. With sales of 11.8 billion Euro 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 Euro. 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. Degussa‘s activities are led by the vision "Everybody benefits from a Degussa product – every day and everywhere”.

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