MIAMI – A Hollywood company is suing over allegedly false claims made by a competitor regarding the competitor's energy bars.
BPI Sports LLC filed the suit Jan. 13 in U.S. District Court for the Southern District of Florida against YUP Brands LLC, based in Nevada.
The plaintiff brings this action pursuant to the Florida Deceptive and Unfair Trade Practices Act to stop the defendant's allegedly false labeling of its YUP protein bars as being “healthy” and made with “natural ingredients."
According to the complaint, the bars do not meet the U.S. Food and Drug Administration's requirements for making such claims. For example, the suit states that eight of the 10 varieties of the bars contain levels of saturated fat that are higher than in many candy bars. Also, all 10 varieties of the bars are labeled as containing a natural ingredient called xylitol, which is actually a synthetic ingredient derived from a chemical process and therefore not naturally occurring, the complaint states
The plaintiff brings this suit because it is a direct competitor of the defendant, being the manufacturer of FunnBars. The plaintiff is charging the defendant with false advertising in violation of the Lanham Act and violation of the Florida Deceptive and Unfair Trade Practices Act.
In addition to a trial by jury, the plaintiff seeks an injunction prohibiting the defendant from using false or deceptive advertising in the promotion of its products, and an order that those allegedly false claims be forever banned from the defendant's advertising and packaging. As for monetary relief, the plaintiff wants the defendant to pay it any and all profits derived by the defendant and all damages the plaintiff has sustained as a result of the allegedly false statements, court costs and attorney fees, and any other relief the court deems appropriate.
The plaintiff is represented by Carey A. Lubetsky of Krinzman, Huss & Lubetsky LLP of Miami, and Frank S. Hedin and John C. Carey of Carey Rodriguez Milian Gonya LLP of Miami.
U.S. District Court for the Southern District of Florida Case number 16-CV-60081-WJZ