By Eric Schweibenz
On June 17, 2009, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Products Advertised as Containing Creatine Ethyl Ester (337-TA-679).

The investigation is based on the May 20, 2009 complaint filed by UNeMed Corporation (“UNeMed”) of Omaha, Nebraska.  As we explained in our May 20 post, the complaint alleges violations of section 337 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 ITC has identified the following as respondents in this investigation:

  • Bodyonics, Ltd. of Hicksville, New York;

  • Engineered Sports Technology, Inc. of Oviedo, Florida;

  • Proviant Technologies, Inc. of Champaign, Illinois;

  • NRG-X Labs. of Bentonville, Arkansas; and

  • San Corporation of Oxnard, California.

On June 17, 2009, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Charles E. Bullock will handle this investigation.

Also, according to the Notice of Investigation, Jeffrey T. Hsu of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.