NORCROSS, Ga., July 27, 2016 /PRNewswire/ -- Hi-Tech Pharmaceuticals, Inc., ( "Hi-Tech") filed a suit against Dr. Pieter Cohen who published a defamatory article in a journal known as "Drug Testing and Analysis" an article entitled, "An amphetamine isomer whose efficacy and safety in humans has never been studied, B-methylphenylethylamine (BMPEA), is found in multiple dietary supplements." Jared Wheat, President of Hi-Tech Pharmaceuticals, stated, "Defendant Cohen published and/or uttered multiple false and malicious statements about the safety of dietary supplements containing Acacia rigidula manufactured by Hi-Tech and others, with the intent to incite enforcement action against Hi-Tech from the FDA and to defame and disparage Hi-Tech's products and commercial reputation. I am extremely glad to see the Judge is giving Hi-Tech 'its day in court' and I am confident we will prevail, and stop this type of reckless conduct by crusaders like Dr. Pieter Cohen."
A Motion Hearing was held on 7/26/2016 in Federal Court in Boston where the Honorable Judge William G. Young ruled correctly after hearing from counsel, the Court entered an Order denying Cohen's Motion to Dismiss for the reasons stated on the record; The Court also denying Cohen's Motion to Dismiss for Failure to State a Claim. The Court conducted a scheduling conference and places the case on the running trial list for October 2016. The Court further ruled a final pretrial conference will be held during the month of September 2016, and that a joint pretrial memorandum is due on or before Friday, September 9, 2016. The Counsel for Hi-Tech and Cohen are also required to file a joint proposed case management schedule within two weeks.
The attorney for Hi-Tech James P. Flynn from Epstein, Becker and Green stated: "We successfully fended off motions to dismiss this morning, but court intends to push case on a fast track. On the motions this morning the court thought little of their Rule 12(b)(6) motion to dismiss and little of argument went to those issues. The court then heard our Anti-SLAPP arguments, but we convinced him that fact issues would no doubt remain even if he allowed further briefing, he concluded that Hi-Tech was correct and could not be deprived of its 7th amendment right to a jury trial on the merits of its claim as well as on any fact issues raised under SLAPP statute. (Mass courts have not addressed right to jury trials under SLAPP and such would arguably be counter to statutory structure but that was for defense to argue and they did so only meekly)."
"Through several dozen false, misleading and defamatory statements, repeated continuously during a week-long disinformation campaign, Pieter A. Cohen ABC and other individuals knowingly misled consumers into believing that B-methylphenylethylamine was not a dietary supplement and not safe for public consumption, which is completely false," said Stacey Jared Wheat. "Hi-Tech has filed suit because our business has been severely damaged by this conduct. As a result, we will be asking a jury to award Hi-Tech over two hundred million in compensatory and punitive damages," stated Wheat.
"For more than 20 years, Hi-Tech has been committed to providing consumers with safe and effective dietary supplements. We've created hundreds of good jobs for Americans and our weight loss supplements have helped millions of people lose weight," said Jared Wheat, founder and President of Hi-Tech. "The blatantly false and disparaging statements made about weight loss products have done more than hurt my business and reputation, they have jeopardized the future of our employees and their families, and we are extremely happy that our case will be heard in October."
About Hi-Tech Pharmaceuticals
Hi-Tech Pharmaceuticals is a leading Sports Nutrition manufacturer. Since 1979, Hi-Tech Pharmaceuticals, Inc. and its sister company, Hi-Tech Nutraceuticals, LLC. have been providing quality custom manufacturing services to the pharmaceutical, dietary supplement and beverage industries. Hi-Tech Pharmaceuticals is a cGMP certified company that operates out of Four (4) US Production facilities and (2) Warehouses, totally over 500,000 sq. ft. The two Georgia based production facilities are both located outside Atlanta in the Norcross and Suwanee Advanced Technology areas. Hi-Tech also has Two (2) facilities located outside State College, Pennsylvania. Hi-Tech holds a Drug Manufacturing License issued by the State of Pennsylvania Food and Drug Branch and is registered as a Food and Drug Establishment with the FDA in Pennsylvania. Hi-Tech has been able to increase its market share in the United States through the acquisition of Florida-based Synergy Nutritional Industries in 2005, and gained a larger market share when it acquired Advanced Performance Supplements ("APS") in 2011. Hi-Tech gained further industry dominance when it acquired Nittany Pharmaceuticals in Pennsylvania and ALR Industries in California in 2012. Hi-Tech's recent strategy has been, and according to its leaders will continue to be, growth through Merger &Acquisition activity. In 2015, Hi-Tech acquired Advanced Pharmaceuticals and Nutritionals; FormuTech Nutrition; Innovative Laboratories; Sports One; LG Sciences and iForce Nutrition.
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