The United States District Court of the Eastern District of California denied an injunction in a case against Enhanced Athlete. The injunction was part of a lawsuit filed by Nutrition Distribution that claimed their company’s sales were harmed by Enhanced Athlete’s false advertisements of supplements. However, Nutrition Distribution was unable to show a connection between their reported loss of sales and the advertisements of Nutrition Distribution.
Scott Cavell, CEO of Enhanced Athlete, accuses Nutrition Distribution of operating a shakedown scheme. Cavell believes Nutrition Distribution files meritless claims to coerce supplement companies into paying monetary settlements to have the lawsuits dismissed. Cavell also does not think Nutrition Distribution makes any profit from supplement distribution, and that the company’s real business is filing frivolous lawsuits. If a company pay the settlement, it only encourages Nutrition Distribution to continue filing more baseless lawsuits.
Nutrition Distribution has filed over 70 lawsuits against supplement companies and sent hundreds of cease and desist letters demanding settlement payments. Nutrition Distribution bases their lawsuits on a claim that they are the leaders in the supplement industry and that their sales are harmed by the false advertisement of less than credible competitors. Enhanced Athlete’s attorney argued that Nutrition Distribution could not show that their company suffered any damage because there is no causal connection between Enhanced Athlete’s advertisements and Nutrition Distribution’s sales.
Enhanced Athlete, based in Cheyenne, Wyoming, focuses on bodybuilding supplements and fitness. The company has two partner businesses, Enhanced Coach, and Enhanced Apparel. Enhanced Coach offers elite fitness coaching. Their trainers boast of having more than 30 years’ experience and the support of by Dr. Tony Huge himself. There are no contracts required and customers can cancel at any time. coaches.
Enhanced apparel offers a wide variety of fitness apparel for both male and female. The clothing, which consists of tee shirts, hoodies, joggers, and shorts, is both stylish and functional. They also have performance bags, hats, shaker bottles, lanyards, and other accessories that showcase the company logo. All these items can be purchased on the company’s website. They also offer special pricing for customers who wish to order wholesale.
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— Dr. Tony Huge (@enhancedathlete) February 3, 2018