Georgia supplements company sues Cambridge doctor who objects to one of the components in their wares
Hi-Tech Pharmaceuticals of Norcross, GA, wants Dr. Pieter Cohen to stop saying mean things about the sort of supplements it makes, so it's sued the Harvard Medical School professor and Cambridge Health Alliance physician for libel and slander.
The company says it is particularly put out by a study Cohen authored last year that says some supplement companies are adding an amphetamine-like stimulant to their wares under the guise of being a healthful blend of extracts from acacia plants, and that the government needs to put a stop to that:
Let's not wait until we have a body count. Just get the job done.
In its lawsuit, filed this week in US District Court in Boston, Hi-Tech acknowledges its products may contain the substance, but says it's there naturally and denies adding any of it:
Hi-Tech developed a proprietary process to produce an extract from the Acacia rigidula plant (raw materials) which contains BMPEA as well as other ingredients.
Hi-Tech wants a judge to order Cohen to shut up about Acacia extracts, publicly retract everything he's said and written about supplements that list them as an ingredient and pay Hi-Tech for all the profits and good will in the community it's lost - stemming in part from an FDA order to stop using Acacia-based extracts - plus damages, plus legal fees.
The company had previously sued Cohen in federal court in Georgia, but a judge dismissed the case because it focused on Georgia law and none of Cohen's work was done there.
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Suit was already dismissed
http://www.nutraingredients-usa.com/People/Court-dismisses-Hi-Tech-vs-Pi...
Different suit
Looks like they lost on their home turf and are now trying here. Thanks, will update original post.
Good luck.
Judge will dismiss this one pretty fast. "If you don't like the FDA's ruling, sue the FDA."
This is a weird move
If you want to win a slander case, you have to prove that the accused was lying, knew he was lying, and was doing it to cause intentional harm. Since all three of those are self-evidently not the case here, this seems like it's just intended as an intimidation tactic to get him to stop telling people that the supplement industry is rotten to the core. Except Dr. Cohen is employed by Harvard, who has equally deep pockets and will almost certainly fight back viciously and enthusiastically, especially since Massachusetts has an anti-SLAPP law that will allow them to go after Hi-Tech Pharma for damages and attorney's fees. Meanwhile, this creates plenty of free publicity about how a Harvard doctor has published evidence that their products are dangerous and no one knows what's in them.
I can literally not think of a single way that this could possibly play out in Hi-Tech's favor.
It gets better.
Now I'm reading the actual complaint. It reads like it was penned by an enthusiastic undergrad who has watched a few too many episodes of Boston Legal. Some of it is Timecube-crazy:
(Emphasis in original. They also use some Gratuitous German Capital Letters)
It's a local firm representing Hi-Tech, so you'd think they would know better than to get their hands dirty in what will almost certainly be a spectacular flaming car wreck of a trial.
Shows what happens
when you're hopped up on acacia rigidula extract, no?
Local? Who cares?
The local law firm is getting paid. They don't care a whit what the complaint is as long as the check clears.
Plus, haven't these Hi-Tech guys heard of Barbra Streisand?
They don't care a whit what
And if they had even a shred of ethics and common sense, they would have advised their client not to pursue this lawsuit.
But I guess lawyers are no different than many of us - getting stupider and stupider all the time. Like the earlier law firm that tried to go after a Massachusetts doctor in a Georgia court.
Scientist calls BS on snake oil
Snake Oil salesman fights science with legal proceedings, fearing reality will erode profits.
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