A federal court has ruled that the pigment manufacturer Pigmentos Vegetales may not sell its purified lutein product for human consumption on the grounds that it violates a patent held by Kemin Foods, the makers of FloraGLO brand Lutein.

The US Federal District Court for the Southern District of Iowa ruled on January 2, 2003, in favor of a preliminary injunction against Mexican company Pigmentos Vegetales (PIVEG), to prevent further infringement ofKemin's US patent (no. 5,382,714) for the composition of its lutein.

The outcome stops PIVEG from making, using,importing or selling within the United States, purified lutein crystals from plant extracts suitable for human consumption. The injunction will be in effect until a full trial of the court case between Kemin Foods and PIVEG takes place.

"Kemin is thrilled with the judge's granting of this preliminary injunction," said Rodney L. Ausich, president of Des Moines-based Kemin. "We feel this serves as ainitial indication that PIVEG's product infringed on the patent Kemin holds for purified lutein products suitable for human consumption.

"Kemin Foods has invested significantly in the market for lutein in the UnitedStates...We will continue to pursue these investments and protectthe market for FloraGLO Lutein," Ausich said.

Kemin claims its FloraGLO Lutein, taken to slow the effects of age-related macular degeneration, is used inmore than 100 multivitamins and dietary supplements worldwide. It is also the only purified lutein that is GRAS (Generally Recognized As Safe) forspecific food and beverage applications in the United States.