Workman Nydegger Shareholder Chad Nydegger recently won a motion for sanctions filed on behalf of plaintiff Vitamins Online, Inc. (“Vitamins Online”) in its case against defendant Heartwise, Inc. d/b/a/ NatureWise (“NatureWise”). In granting the motion, the court has ordered that the jury will be instructed to draw an adverse inference that a significant number of NatureWise’s dietary supplements were marketed using false statements about the contents and effectiveness of the products.
In October 2013, Vitamins Online filed a complaint against NatureWise claiming unfair competition and false and misleading advertising, alleging that NatureWise’s Garcinia Cambogia and green coffee dietary supplements did not meet the label claims. After NatureWise failed to produce samples, Vitamins Online filed a motion to compel and for sanctions for spoliation of evidence. The granted motion found that the defendant spoliated evidence, giving rise to an adverse inference instruction. The jury of the case will now be instructed that they may draw an adverse inference that the defendant mislabeled its product, and that the contents of the product did not comport with the claims on the label. “This is a significant victory for Vitamins Online, as it would not be able to prove its case without this inference,” stated Workman Nydegger Shareholder Brent Lorimer.
Founded over 30 years ago, Workman Nydegger specializes in intellectual property (IP) law and complex litigation. The firm represents a wide array of clients in all areas of intellectual property law and complex litigation, including patent, trademark, copyright, litigation and prosecution, unfair competition and related licensing matters, and possesses expertise in a diverse range of technologies, including computer systems, software, e-commerce and information technology; electronics and electrical engineering; pharmaceutical, nutraceutical, chemical, biotechnology, and medical and life science technologies; physics and optics; mechanics and mechanical engineering and alternative energy.