PURCHASE, NY, September 24, 2003 –Nutrition 21, Inc. (Nasdaq: NXXI) filed in the Federal District Court in New York a motion for partial summary judgment against InterHealth Nutraceuticals, Inc. The motion requests that the Court find that certain InterHealth chromium advertising statements are false. Six separate instances of false advertising have been cited in the motion.
Gail Montgomery, President and CEO, Nutrition 21 said, “Our customers and consumers rely on us to accurately and objectively report on the benefits and safety of our brands. Nutrition 21 has made a substantial investment in peer-reviewed published research. It is important that we vigorously defend our product claims and the reputation of the scientists and the institutions with which we conduct our research.
“From a dietary supplement industry perspective, we believe companies must work together to maintain higher standards of scientific accuracy and integrity, or be vulnerable to media and regulatory criticism. We must have zero tolerance for any false or misleading information that further contributes to consumer confusion in the marketplace,” added Montgomery.
On April 28, 2003, Nutrition 21 filed an action for false and misleading advertising and for damages against InterHealth in the Federal Court in New York. The complaint alleges that InterHealth’s advertising has been misleading customers and consumers by claiming that ChromeMate ® chromium nicotinate is safer and more bioavailable than Chromax ® chromium picolinate, and that Nutrition 21 has been damaged by this advertising.
Chromax® chromium picolinate, sold by Nutrition 21, Inc., is the leading and most extensively researched brand of chromium. Forty clinical trials demonstrate the safety and efficacy of Chromax for insulin resistance associated with diabetes, obesity, cardiovascular disease and atypical depression.
Nutrition 21 is a leading developer and provider of nutritional products, whose health benefits are substantiated by clinical research. The Company markets Chromax chromium picolinate, the leading brand of chromium, and holds 35 patents for nutrition products, 24 for chromium compounds and their uses. More information is available at www.nutrition21.com. More information about Chromax is available at www.chromax.com and Diachrome at www.diachrome.com.