According to the complaint, filed in the U.S. District Court for the Southern District of New York, Vitalize/ Eboost’s POW pre-workout powder is marketed as containing “1,600 mg of "Beta-Alanine (as CarnoSyn)" per serving”, but NAI alleges that “Vitalize is not authorized or licensed to use NAI's CarnoSyn trademarks.”
The complaint continues: “NAI has not entered into a trademark license agreement with Vitalize or anyone authorized to act on its behalf. Vitalize has not purchased licensed CarnoSyn beta-alanine from NAI. NAI's business records do not reflect that a contract manufacturer has ever purchased licensed CarnoSyn beta-alanine from NAI on Vitalize's behalf.
“Vitalize's unauthorized use of NAI's trademarks would likely result in confusion to consumers who believe they are purchasing a supplement containing CarnoSyn, an ingredient having NDI status with the FDA.”
NDI and GRAS
Commenting on the lawsuit, Mark LeDoux, NAI's CEO and Chairman, said: “NAI has invested and continues to expend substantial funds to conduct scientific research and to build, expand and promote sales of CarnoSyn beta-alanine.
“NAI pursues legal avenues to protect its CarnoSyn brand, intellectual property portfolio and regulatory compliance status.”
The ingredient is the only beta-alanine that is covered by a New Dietary Ingredient Notification submission with the Food and Drug Administration (FDA) and that has Self-Affirmed GRAS (Generally Recognized as Safe) status at up to 6.4 grams per day.
Vitalize Labs, LLC, which was founded in 2007 by Josh Taekman and John McDonald, was contacted several times for a comment by NutraIngredients-USA, but no response was received prior to publication.
NAI's suit seeks damages, an injunction against continued use of its trademarks, and other relief.
Earlier this month, CarnoSyn beta-alanine was named the winner of the 2019 NutraIngredients-USA Award for Sports Nutrition Ingredient of the Year.