June 17, 2009
News Release 09-046
Inv. No. 337-TA-679
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN PRODUCTS ADVERTISED AS
CONTAINING CREATINE ETHYL ESTER
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain products advertised as containing creatine ethyl ester.
The investigation is based on a complaint filed by UneMed Corporation of Omaha, Nebraska., on May 20, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 based on the importation into the United States, the sale for importation, and the sale within the United States of certain products advertised as containing creatine ethyl ester by reason of false advertising in violation of Section 43 (a) of the Lanham Act and the Nebraska Uniform Deceptive Trade Practices Act, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Bodyonics, Ltd., of Hicksville, NY;
Engineered Sports Technology, Inc., of Oviedo, FL;
Proviant Technologies, Inc., of Champaign, IL;
NRG-X Labs, of Bentonville, AR; and
San Corporation, of Oxnard, CA.
By instituting this investigation (337-TA-679), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.