PHOENIX (Legal Newsline) – A nutraceuticals seller alleges a direct competitor's false advertising is likely to cause injury.
World Nutrition Inc. filed a complaint on Jan. 16 in the U.S. District Court for the District of Arizona against Advanced Enzymes USA, doing business as Specialty Enzymes & Biotechnologies Co., et al. citing the Lanham Act and other counts.
According to the complaint, the plaintiff sells nutraceuticals, including enzyme product Vitalzym, and that Advanced Enzymes is a direct competitor.
The plaintiff alleges that on the defendant's website, it compares its Excellacor to plaintiff's Vitalzym, implying that Excellacor is a "superior product to Vitalzym because Vitalzym’s formulation has changed."
The plaintiff alleges the defendant is making false and misleading statements and that it is likely to be injured by the alleged false advertising.
The plaintiff requests a trial by jury and seeks damages in an amount to be proven at trial, costs of the action, attorney’s fees, punitive damages in an amount sufficient to punish and deter defendants and others similarly situated, and post-judgment costs. It is represented by Paul M. Levine of McCarthy Holthus & Levine P.C. in Scottsdale, Arizona.
U.S. District Court for the District of Arizona case number 2:19-cv-00265-GMS