Weston, FL - Apr 28, 2010 - Dietary and nutritional supplement company Vital Pharmaceuticals, Inc., d/b/a VPX/REDLINE of Weston, Florida, makers of the popular Redline® Products announces today that the company prevailed on a Motion For Summary Judgment against Hansen Beverage Company ("Hansen") makers of the "Monster" line of energy drinks and beverages.
Hansen brought a lawsuit against VPX/REDLINE in the United Stated District Court, for the Southern District of California ("Court"), (Case No. 08-CV-5145) asserting claims for false advertising, unfair competition and trade libel. The original Complaint was filed on August 21, 2008, however, the Court denied Hansen's motion for preliminary injunction. Hansen subsequently amended its Complaint alleging three causes of action: (1) false advertising in violation of the Lanham Act, 15 U.S.C. §1125(a); (2) false advertising and unfair competition in violation of California Business and Professional Sections 17200 and 17500; and (3) trade libel.
Hansen and VPX/REDLINE filed simultaneous motions for summary judgment in the matter. The court heard arguments from both sides on April 12, 2010, rendering its opinion roughly 15 days later in favor of VPX/REDLINE as it pertains to the following claims; (a) "Power Rush makes you "amped" to the max in minutes, ready to tear apart weights and wear out the treadmill like a tiger released from its cage!"; (b) REDLINE Xtreme is "university research proven" to deliver "a significant 7.5% improvement reaction time," "a dramatic 13% increase in energy," and "an amazing 15% increase in focus," and that it "dramatically enhances focus"; (c) Redline was ranked "sixth in San Francisco, Los Angeles and Phoenix and seventh in Dallas"; and that Redline is "growing 16 times faster than the National Average for Energy Drinks" and had "100 times the growth rate of Red Bull and Monster in L.A." VPX/REDLINE also prevailed on its motion for summary judgment on the entire trade libel cause of action.
The Court has denied VPX/REDLINE's motion for partial summary judgment on damages without prejudice and has allowed VPX/REDLINE to re-file a Motion for Summary Judgment on Damages on or before May 31, 2010 when the discovery on damages has concluded.
VPX/REDLINE was founded in 1993 by Jack Owoc with one goal in mind to produce the highest grade of sports nutritional supplements on the market. Mr. Owoc's mission for his company is to deliver cutting edge supplements to serious individuals who are willing to indulge in a product that delivers on its promise. Each VPX/REDLINE brand is carefully developed and researched to support the claims of "superiority," making sure that it's just not another slogan. VPX/REDLINE products are backed by 10 university studies from prestigious universities such as Baylor University, University of Memphis and the College of New Jersey, in regards to performance enhancement, reducing weight and body fat, and increasing lean muscle. VPX/REDLINE is also currently working with UCLA and the University of Southern Maine on additional studies for VPX/REDLINE products. Mr. Owoc and VPX/REDLINE are forging "A Paradigm Shift from Sugar to Science."TM