Source: PR Newswire
The following is a Thermolife International, the patent holder for NO3-T Nitrate Technology, has filed a suit against Compound Solutions, the maker of VASO6 in an Arizona court on March 4th.
Thermolife is alleging:
VASO6 is nothing but green tea extract, VASO6 is not patented, and the science is fake.As alleged in ThermoLife's complaint, Compound Solutions charges $250 per kilo for VASO6, claiming—among other things—that: VASO6 is a "patented ingredient"; VASO6 is "clinically proven to increase vasodilation by 50%"; that VASO6 is "more powerful and potent than standard green tea extracts"; and that "300mg of VASO6 is clinically proven to be more effective at increasing vasodilation than 7 grams of arginine." However as ThermoLife's complaint alleges all of these claims are lies.
ThermoLife obtained a sample of VASO6 and had it tested by two separate independent laboratories. These tests established that VASO6 is nothing more than every day common green tea extract that should sell for around $30 per kilo. The laboratory tests demonstrated that nothing in VASO6 is a "patented ingredient" as claimed by Compound Solutions. Furthermore, as alleged in the Complaint, after a critical review of the literature that Compound Solutions uses as a smoke-and-mirrors tactic to make outlandish claims that deceive Dietary Supplement companies and consumers, it is obvious (to anyone who actually bothered to read and analyze the studies) that VASO6 is not clinically proven to increase vasodilation by 50%, and that 300mg of VASO6 is not ten times more effective at increasing vasodilation than 7 grams of arginine. According to ThermoLife's Complaint, Compound Solutions made up these lies to fool people, who seek the vasodilation benefits of Dietary Ingredients like those provided by ThermoLife's patented nitrate ingredients.
As alleged in the Complaint, additional laboratory analysis of the green tea extract that Compound Solutions sells as VASO6 revealed the material is composed of 63% regular monomers, i.e., regular EGCG, ECG, and other monomers found in common green tea extract (not [as Compound Solutions claims] only dimers, trimers, tetramers, and pentamers, and not "only the most bioactive oligomeric compounds, making it more powerful and potent than standard green tea extracts"). Monomers like EGCG, ECG, and other monomers that make up 63% of VASO6 are clinically proven to either have no effect on vasodilation or, in fact, cause vasoconstriction (the opposite of vasodilation).
As alleged in detail in ThermoLife's Complaint, Compounds Solution's has knowingly and willfully falsely advertised VASO6. As ThermoLife explains, Compound Solutions claims that VASO6 practices U.S. Patent No 6,706,756B1. Claim 1 of that patent protects "A method of inducing endothelium-dependent relaxation in blood vessels comprising the step of introducing isolated procyanidins having a preponderance of (-)-epicatechins." And Claim 5 of the '756 Patent protects the administration of "isolated epicatechin-(4-8)-epicatechin-(4-8)-epicatechin-gallate (C1-gallate)) (hereinafter, "C-1 gallate")" to cause the same effect. Accordingly, either "procyanidin C1-gallate" or isolated "procyanidins having a preponderance of (-) epicatechins" is necessary to practice the patented claims. However, contrary to Compounds Solutions claims, ThermoLife's research and independent laboratory testing demonstrated that VASO does not include either of these isolated compounds. As alleged, VASO6 is just plain green tea extract.
ThermoLife's Complaint seeks an injunction, barring further false advertising by Compound Solutions and actual damages. As a result of Compound Solutions willfully false advertising, ThermoLife also seeks an order from the court disgorging its profits on VASO6 and an award of treble damages.
ThermoLife is represented in the matter by Gregory B. Collins of Kercsmar & Feltus PLLC.
Fitness Informant's POV
This is a very interesting topic. I started to research VASO6 on my own several weeks ago as I was preparing the VASO6 ingredient page. I noticed in the patent that it used Grape Seed Extract, not Green Tea Extract. Per Compound Solution's website, VASO6 is Green Tea Extract.
Compound Solutions referenced the patent and trademark in their claims, which would indicate that it would have to be Grape Seed Extract used in the actual ingredient, not Green Tea Extract. On Compound Solution's website, they list two variations of VASO6:
NEW! GREEN TEA OLIGOMER (VASO6™)
NEW VASO6™ (for bloodflow)
I was confused by the ingredient being one thing and then the patent/trademark being on another thing. I reached out to Compound Solutions two weeks ago on this topic. I did get an email back from the team that they were going to connect with me this week (after the Arnold Classic) to provide background info on this. Before I am quick to judge, I want to hear their explanation and will publish it here at FI for all of you.
We've also reached out to several companies using VASO6 to get their input. Like above, we will put together a follow-up from brands and Compound Solutions as we get it.
Ron Kramer, owner of ThermoLife International, has been known to pull the trigger and file suits on many within the industry. He owns the patent around Nitrates, an ingredient in which we love, and he is very selective on who can use them and who cannot. I can see his reasoning trying to protect his brand versus others who are attempting to do similar things to Nitrates.
Stay tuned as more develops around this story.
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