SOURCE: BevMD

January 29, 2015 18:50 ET

BevMD Responds to False Statement & Frivolous Lawsuit Filed by American Society of Anesthesiologists

Statement of BevMD President, Bob Oosdyke

OCEANSIDE, CA--(Marketwired - Jan 29, 2015) - The recent public statements recently made by the American Society of Anesthesiologists (ASA) regarding a lawsuit that it filed against BevMD, LLC, makers of Clearfast Preoperative Beverage are fraudulent and nonsensical. 

The lawsuit ASA filed was based on ASA's erroneous allegation that BevMD did not have the right to use ASA's name on its Clearfast product or represent that Clearfast meets ASA's preoperative fasting guidelines for clear liquids. United States District Court Judge James Zagel conducted an evidentiary hearing in the case on December 22, 2014 on ASA's request for injunctive relief. 

At that hearing it was established that, contrary to what ASA represented in its Complaint, ASA had in fact agreed back in 2009 to allow BevMD the right to use ASA's name and represent that Clearfast meets ASA's fasting guidelines. As a result, Judge Zagel denied ASA's request for injunctive relief. BevMD has now filed a motion to dismiss this frivolous lawsuit.

Contrary to ASA's assertations, Clearfast factually "Meets the American Society of Anesthesiologists Preoperative Fasting Guidelines for Clear Liquids", which is the specific language that ASA themselves instructed BevMD to use on its labeling of Clearfast.

We are troubled that the ASA would make such deceptive statements -- and that Anesthesiology News would report on them -- despite the Court recently throwing out ASA's request for injunctive relief.

We believe that the ASA case, alleging that BevMD made false claims about product endorsement, was not only filed under false pretenses, but was brought for ulterior and improper motives, and the post-loss pronouncements made by the ASA are disingenuous and designed to undermine our brand within the marketplace. We call upon the ASA to remove all mention of its case from the Web and issue a corrective statement that reflects the findings of the Court.

We are additionally disappointed that Anesthesiology News published ASA's false statements without bothering to contact us for either a statement or rebuttal. We also call upon editors at Anesthesiology News to adhere to the common guidelines of journalism and issue a correction.

Note: The above statement responds to recent events surrounding American Society of Anesthesiologists V. BevMD, LLC filed within the United States District Court, Northern District Of Illinois, Eastern Division. Case Number 1:14-cv-09226

About BevMD
BevMD, a medical beverage company headquartered in San Diego, was created to provide simple, effective patented nutrition solutions for preoperative patients. BevMD's first product line features Clearfast, a patented pre-op beverage that allows patients to remain nourished and hydrated prior to surgery. BevMD is dedicated to changing the way millions of patients prepare for surgery. For additional information on BevMD and its products, visit www.BevMD.com.

Contact Information