The Joplin Globe, Joplin, MO


April 3, 2013

Appeals court upholds dietary supplement agreement

LOUISVILLE, Ky. — A federal appeals court has concluded that a Missouri company did not violate a settlement agreement over a dietary supplement by disparaging it in a video.

The U.S. 6th Circuit Court of Appeals on Wednesday ruled that because Riverside, Mo.-based Hyalogic didn’t mention the name of the supplement Baxyl by name in a video, it didn’t break an agreement with Cogent Solutions Group of Lexington, Ky.

Central to the dispute was a YouTube video promoting a Hyalogic product and referencing products similar to Baxyl, the brand name for a supplement for use in joint function.

Cogent Solutions sued Hyalogic in 2011, saying the company used negative advertising to make false and misleading statements about how Baxyl worked. A June 2011 settlement called for Hyalogic to stop attacking Cogent Solutions’ product.


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Given that the U.S. Supreme Court has ruled that electronic devices and communications are protected from searches and seizure without a warrant, do you think Missouri needs Amendment 9 added to its constitution?

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