SOURCE: ProMera Health

ProMera health

March 01, 2010 08:30 ET

Competitor Initiates Spurious Lawsuit Against ProMera health's CON-CRET®

(Wrong Molecule Cited as Basis of Solubility Claims)

BOSTON, MA--(Marketwire - March 1, 2010) -  ProMera Health, LLC announced today that it has become the target of a class-action lawsuit concerning the # 1 performing creatine molecule in the market. Sources suggest a competitor has instigated the lawsuit utilizing a selected individual to act as the plaintiff. The basis of the suit is a complaint about the solubility of CON-CRET® and it appears to be an allegation based on a molecular compound that is not present in CON-CRET®. The plaintiff alleges that CON-CRET® uses misleading claims about CON-CRET® being "59 times more potent (soluble) than standard creatine" and that plaintiff's scientific "experts" report that the creatine ethyl ester hydrochloride (CEE) in CON-CRET® is known to not be that soluble. However, in fact, CEE is not present in CON-CRET®. CON-CRET® is a product that uses the patent-protected and revolutionary compound Creatine Hydrochloride (C-HCl), not CEE. Studies have repeatedly demonstrated that C-HCl is at least 59 times more soluble, and therefore potent, than standard creatines and thereby achieves dramatic results in improved strength, endurance, and recovery. This CON-CRET® claim is clearly supported by various scientific data from multiple sources.

ProMera informed a plaintiff attorney (Scott Ferrell of Newport Trial Group) that the threatened lawsuit was based on a flawed molecular interpretation; nevertheless, a plaintiff attorney (Gene Stonebarger of Stonebarger Law, APC) still chose to file the lawsuit.

As stated, plaintiff's case is reportedly based on an allegation that CON-CRET® is comprised of creatine ethyl ester hydrochloride (CEE) and thus cannot make the claims that it is 59-times more soluble and potent than creatine monohydrate. That would be correct if CON-CRET® was, in fact, comprised of CEE. But, as was pointed out to Plaintiff's counsel, CON-CRET® has no CEE in it and instead is comprised of creatine hydrochloride (C-HCl) which is an entirely different molecule.

Creatine ethyl ester hydrochloride is a compound that is typically synthesized by reacting creatine monohydrate (CM) in the presence of an acid catalyst to remove the hydrate from the creatine molecule and then conjugate the creatine molecule with an ethyl ester molecule derived from the solvent medium. This change in molecular structure aids in bioavailability and solubility (thereby, potency) in a range of approximately 11-times vs. CM. CEE is a fine talc-like powder with low particle density and a very bitter taste.

Creatine hydrochloride (the molecule in CON-CRET®) is a different molecule from CEE in that it has no ethyl ester conjugation and therefore retains a creatine salt characteristic, albeit profoundly more bioavailability and soluble than other creatine salts like CM (thereby, greater potency and potential for plasma uptake). Unlike CEE or CM, C-HCl has a crystal-salt-like appearance with high particle density and a very tart taste.

As the above paragraphs demonstrate, the lawsuit filed by Newport Trial Group is based on a mistaken assumption and appears to be a competitor's attempt to attack a superior product while hiding behind class-action lawsuit rules / protections. It is unfortunate that plaintiff's counsel and the competitor do not better understand the science and claims; and instead are resorting to a wasteful court fight that ProMera will vigorously defend and counter.

ProMera entered into the nutritional and performance enhancement supplements market with a focus on, and a commitment to science. It has remained true to that mission. 

CON-CRET® uses only safe and legal ingredients, with its claims and benefits clearly supported by research conducted at major university medical centers by scientific experts. It is this scientific backing that has made CON-CRET® an exceptional product in the strength and performance enhancement world.

Contact Information

  • Contact:
    John Lewis

    61 Accord Park Drive
    Norwell, MA 02061