The Joplin Globe, Joplin, MO

April 3, 2013

Appeals court upholds dietary supplement agreement

From The Associated Press

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.