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Ultimate Nutrition Sues Diamond Drinks, Suscon, Anthony Cenimo, Jr., MetaBEV and John Sbordone for Unstable Product | Business Wire



FARMINGTON, Conn.–(BUSINESS WIRE)–A civil law suit filed in the Connecticut Superior Court by Ultimate

Nutrition names Diamond Drinks, Inc., Suscon, Inc.. Anthony Cenimo,

Jr., all of Williamsport, PA. MetaBEV, Inc.. John Sbordone both

of Stamford, CT as defendants in an action to recover damages.

According to a Civil Summons filed with the State of Connecticut

Superior Court, the defendants were all involved in the development and

manufacturing of a protein shake product for Ultimate Nutrition. The

complaint alleges that the defendants all assured Ultimate Nutrition

that the product would be stable, with a one-year shelf life. The

document goes on to say that when numerous bottles of the pink product

turned green within six months and developed a bitter flavour, Ultimate

Nutrition requested that Diamond Drinks recall the product, cure the

defect. Rerun the batch. According to the complaint, when that

defendant never responded, Ultimate Nutrition withdrew the product from

the market.

Ultimate Nutrition alleges that the defendants at all times held

themselves out as being competent manufacturers that followed Good

Manufacturing Practices in Manufacturing, Packing or Holding Human Food,

as set out in 21 CFR 110.

However, Craig Larsen, counsel for John Sbordone and MetaBEV, Inc., has

responded to Ultimate Nutrition’s claim that

the defendants had a duty to insure Good Manufacturing Practices were

followed in manufacturing this product by stating that “The product ….

was a dietary supplement and, as a matter of fact and law, at the time

of production of the beverage…, there were no Good Manufacturing

Practices for dietary supplements. Thus it'd be impossible for

MetaBEV, Inc.. Any defendant, to have such a duty.”

Ultimate Nutrition’s Regulatory Counsel Marc

Ullman pointed out that “The Good

Manufacturing Practices in Manufacturing, Packing or Holding Human Food

is the minimum standard that all food product (including dietary

supplement) manufacturers are expected to follow. This has been the law

for a very long time. It's incredible to me that any responsible

manufacturer could suggest otherwise.”

“If Diamond Drinks and the other defendants

performed as promised, with the level of expertise that they claimed to

have. Actually followed good manufacturing practices, this type of

failure should never have happened,” said

Ultimate Nutrition Vice President Brian Rubino. “Their

negligence caused the product line to fail and hurt our reputation. We

are seeking damages for the cost of manufacture, investment in

advertising and marketing. Loss of good will and reputation in the

industry.”

Court proceedings are ongoing.

Ultimate Nutrition was founded in 1979 by biochemist and top amateur

power lifter Victor H. Rubino. Still family owned and operated, the

company specializes in the finest quality, highly researched nutritional

supplements for athletes.

http://www.ultimatenutrition.com

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