On October 14, 2009, four years after filing the original lawsuit, Pure Research Products LLC (PRP), manufacturer of Del-Immune V®, had its day in court against Allergy Research Group (ARG) and Nutricology of Alameda, California. The lawsuit was brought against ARG/Nutricology when it was discovered that the company had been marketing their product, Russian Choice Immune, as identical to Del-Immune V®/Delta Immune. ARG/Nutricology went so far as to use Del-Immune V/ Delta Immune literature, information, and physician endorsements to sell Russian Choice Immune, simply changing the product name to Russian Choice Immune.
Delta-Immune was the product name used by ARG/ Nutricology in 2004-05, when Pure Research Products was selling bulk Del-lmmune V® to ARG/Nutricology. ARG/Nutricology encapsulated and bottled the bulk Del-Immune V® powder under its own label, re-naming the product "Delta-Immune."
After many months of unsuccessful attempts to create a distribution agreement between PRP and ARG/Nutricology, Sichel's attorney advised ending further attempts to develop an agreement and relationship. A short time later, ARG/ Nutricology put "Russian Choice Immune," on the market, claiming it was identical to Delta-Immune.
After seven days of trial, a jury unanimously decided that ARG was in violation of the Lanham Act of 1946. The Lanham Act gives businesses "exclusive rights to their goods and services and is intended to reduce consumer confusion in the identification of goods and services," according to www.thefreedictionary.com. The jury, applying the principles of the Lanham Act, found ARG/Nutricology guilty of false advertising and falsely designating the origin of Russian Choice Immune. They also ruled that ARG's claims that Russian Choice Immune is a Russian product are false; the product is manufactured in Vietnam.
Dr. Ba Hoang, ARG consultant and chief scientific officer, testified that he knew Russian Choice Immune was not made from the same lactobacillus bacterial strain as Del-Immune V®; or the Delta Immune product formerly marketed by ARG/ Nutricology. Yet ARG knowingly marketed the product as "formerly Delta Immune" in May 2005, causing confusion for healthcare practitioners and customers. Dr. Hoang also admitted that his colleagues in Hanoi developed Russian Choice Immune and do not have any records or documents to support the claim that the product is a natural immune stimulant.
Manfred Salomon, CEO of ARG/ Nutricology, admitted that ARG had used the name of a third party physician (Dr. Elin Ritchie of Taos, New Mexico) by simply switching the words Del-Immune V® to Russian Choice Immune in Dr. Ritchie 's testimonials and endorsements.
These years of ARG's false advertising have tainted hundreds of web pages and mislead countless consumers. It is important to note that Web sites offering Russian Choice Immune as formerly Delta-Immune or Del-Immune V ® blatantly contain inaccurate, misleading, or false information. Del-Immune V® is the original lactobacillus rhamnosus powder (DV strain).
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