Files False Advertising Action Over Competitor's Online Dietary Supplement Offerings and Claims

by Womble Carlyle Sandridge & Rice, LLP

On May 6, 2014 VitaminsOnline, Inc., a Delaware corporation (“VOI”), filed a complaint against Dynamic Industries, LLC, a Nevada limited liability company, and Christopher Wilson, a resident of Georgia (collectively “Dynamic”), alleging false advertising and unfair competition under Section 43 of the Lanham Act, deceptive trade practices under Georgia law, and common law false advertising in regards to the sale of online dietary supplements. 
VOI markets and sells vitamins and dietary supplements over the Internet, including on One of VOI’s products is “Nutrigold® Garcinia Cambogia Gold” (“Garcinia Gold”), which contains 60% Hydroxycitric acid (HCA) and has been shown to suppress appetite and support weight loss. Another product VOI sells is “Nutrigold® Svetol® Green Coffee Gold” (“Green Coffee Gold”), which contains 100% Svetol® green coffee extract and no generic green coffee extracts.
VOI's Nutrigold® Garcinia Cambogia Gold
VOI's Nutrigold® Svetol® Green Coffee Gold
Dynamic also sells vitamins and dietary supplements over the Internet, including on One of Dynamic’s products that is in direct competition with Garcinia Gold is “Dynamic Pure Garcinia Cambogia Extract” (“Pure Garcinia”). Another one of their products, formerly labeled “Pure Svetol® Green Coffee Extract,” now called “Pure Green Coffee Bean Extract” (“Pure Green Coffee”), competes directly with Green Coffee Gold.
Dynamic "Pure Garcinia"
Dynamic "Pure Green Coffee"
VOI alleges unfair competition and false and misleading advertising stemming from Dynamic’s listings and product labels for Pure Garcinia and Pure Green Coffee. The allegedly false representations include: the percentage of HCA in Pure Garcinia, the use of “vegetarian” capsules made of plant cellulose, Pure Garcinia being covered by multiple patents, the “fillers” included in Pure Garcinia, products being “clinically proven,” and the amount of Svetol green extract contained in the product. An independent test laboratory tested Dynamic’s Pure Garcinia capsules and refuted the claims listed above. Further, VOI alleges that Dynamic is posting numerous fake favorable online reviews on about Pure Garcinia and Pure Green Coffee. Lastly, VOI asserts that Dynamic’s product descriptions for both of their competing products are nearly verbatim copies of VOI’s product pages.
VOI brought suit for federal false advertising in violation of 15 U.S.C. § 1125(a)(1)(B), alleging that Dynamic knew, at all relevant times, that their statements were inaccurate. Due to these allegedly inaccurate statements, VOI argues that the public is likely to be deceived and this deception will have a material effect on purchasing decisions. VOI further asserts that Dynamic’s purported false and misleading advertising has caused damage to VOI’s business, reputation and goodwill.
VOI also claimed federal unfair competition under 15 U.S.C. § 1125(a)(1)(A), alleging that Dynamic’s use of nearly verbatim copies of VOI’s advertisements have created, caused and/or contributed to a false association between Dynamic’s and VOI’s products. According to the complaint, these actions constitute a false designation of origin, sponsorship or approval in violation of the Lanham Act that will cause damage to VOI and create confusion for consumers.      
VOI demanded an injunction stopping Dynamic from continued use of the labels and advertisements, an Order requiring Dynamic to circulate corrective advertising, punitive damages and attorney’s fees.         
On May 30, 2014, Dynamic Industries and Christopher Wilson separately moved to dismiss the complaint for failure to state a claim, lack of standing, and lack of personal jurisdiction. The motions are pending.  
The case is Vitamins Online, Inc. v. Dynamic Industries, LLC, Case NO. 1:14-cv-01366-SCJ, filed May 6, 2014 in the United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Steve C. Jones


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Womble Carlyle Sandridge & Rice, LLP | Attorney Advertising

Written by:

Womble Carlyle Sandridge & Rice, LLP

Womble Carlyle Sandridge & Rice, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.