Enhanced Athlete, a bodybuilding and fitness company based in Cheyenne, Wyoming, has successfully defended itself against a lawsuit from one of its largest competitors. Robert Tauler of Tauler Smith, LLP filed the suit in California courts on behalf of his client, Nutrition Distribution, who claimed that Enhanced Athlete had engaged in false advertising, which had led to a drop in sales for Nutrition Distribution. This lawsuit was one of several that Nutrition Distribution has filed over the past few years against its competitors, citing unfair competition as a result of the use of a pharmaceutical ingredient not regulated by the FDA. For the majority of these lawsuits, the other companies have paid Nutrition Distribution a fee and settled out of court. Enhanced Athlete has claimed that the lawsuit is just a means for Nutrition Distribution to extract money from its competitors, and chose to argue their case in court rather than settle.

The crux of the lawsuit against Enhanced Athlete was the claim they used false advertising to boost sales of their nutritional products, which gave them an unfair advantage over their competition. This is a claim Nutrition Distribution has used repeatedly against other companies in the nutrition and fitness industry. They claim they are simply acting as a watchdog in the industry to protect unwitting customers from fake or potentially harmful nutritional additives. However, every suit they have filed has asked for significant funds to be paid them in order to be settled. Enhanced Athlete refused to pay, noting there has been no instance where Nutrition Distribution has proven their competitors are using false advertising that gives them an unfair market advantage.

In court, Enhanced Athlete argued there was no demonstrable evidence that the marketing of their distinct line of fitness enhancing products was related to a drop in sales of their competitor’s products. Nutrition Distribution was not able to prove a relationship between Enhanced Athletes advertising and a drop in sales of their own products. The judge agreed with Enhanced Athlete’s argument, and Enhanced Athlete became one of the few companies to defeat Nutrition Distribution in court. Enhanced Athlete is free to continue advertising its products and competing for customers in the bodybuilding and fitness arena.