In June 2003, Muscle Marketing USA (MM USA) filed counterclaims in the suit filed in February 2002 by Degussa BioActives against MM USA. In the 2002 action, Degussa BioActives charged MM USA with trade libel and false claims regarding MM USA’s “creatine serum” product and comparisons to creatine powder, falsely claiming that creatine serum is more effective than creatine powder. The June 2003 MM USA counterclaims alleged, without any foundation, that creatine powder is ineffective and made similarly unfounded claims against Degussa BioActives.
The U.S. federal district court in Los Angeles, where the Degussa BioActives litigation is pending, has now stricken these improper MM USA counterclaims and they cannot be asserted in this action, now or in the future. Degussa BioActives is gratified by this action by the court. The MM USA claims were frivolous, irresponsible, and without any basis in fact whatsoever. Creatine powder has been shown to be effective and safe over the past 10 years by a large body of scientific literature and studies and has been successfully marketed by Degussa BioActives over this time period.
Instead, it is MM USA’s “creatine serum” product which has been shown to be entirely ineffective by a number of widely accepted studies, including studies headed by the internationally recognized experts, Dr. Richard Kreider and Dr. Roger Harris. In one series of side-by-side muscle biopsy clinical tests, Degussa BioActive’s creatine powder, Creapure® creatine monohydrate, performed as claimed, increasing creatine levels in muscle by about 30 %. The MM USA creatine serum product was totally ineffective, equivalent in performance to the placebos.
In law suits brought by other U.S. consumer groups, in the Los Angeles state court, the judge has already determined, in initial holdings, that MM USA has made false claims regarding its creatine serum products which are likely to deceive the public. Those state court actions are proceeding.
About Degussa Food Ingredients
Degussa Food Ingredients 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. Degussa‘s activities are led by the vision "Everybody benefits from a Degussa product – every day and everywhere".