According to PricePlow...
These got filed tonight.
Hi-Tech believes the Court got most of the ruling correct, but its final holding was erroneous and we should prevail on this reconsideration and the Court should vacate his previous ruling for two reasons. First, there is no requirement under DSHEA––in the statute, the legislative history, or the case law––that a substance only qualifies as dietary ingredient if it can be extracted in “usable quantities.”
In fact, DSHEA clearly states that the “constituents” of a botanical are considered a dietary ingredient and sets no quantitative threshold for what constitutes a constituent of a botanical. Importantly, the Government agreed with this interpretation of DSHEA. Simply put, the Court’s conclusion otherwise impermissibly interjected its policy opinions in place of statutory interpretation. The Court’s conclusion is thus reversible legal error.
Second, the Court entered summary judgment resolving a factual issue––whether DMAA can be extracted from geraniums in “usable quantities”––based on an incomplete record. The case law is clear: sua sponte entry of summary judgment on a factual issue that was not fully developed, which no party advocated, and which the losing party neither had been properly noticed nor provided an opportunity to present evidence regarding, is inappropriate as well as reversible error.
Moreover, this finding ignored certain evidence in the record, which Claimants are entitled to supplement, regarding the ability to extract DMAA from geraniums in “usable quantities.” The Court committed an error by relying on this incomplete factual record to grant summary judgment
— Jared Wheat, Hi-Tech Pharmaceuticals CEO
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04-18-2017, 07:32 AM #1
DMAA WARS: The Saga Continues.....Episode XIX
- Spot for sale
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04-18-2017, 07:33 AM #2
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04-18-2017, 09:06 AM #3
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In...
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Disclaimer: The above post is my personal opinion and does not represent the official position of any company or entity.
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04-18-2017, 09:10 AM #4
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04-18-2017, 09:19 AM #5
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04-18-2017, 09:21 AM #6
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04-18-2017, 09:25 AM #8
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04-18-2017, 09:32 AM #10
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04-18-2017, 09:35 AM #12
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That's with anything man. Honestly.
I'm willing to sift through some weeds to find some good things if it means I am still legally able to do that. When they tell me I can't even go out in my front yard (and touch the weeds) is when I tend to get a bit bent out of shape.
This may be the wrong metaphor or context but you get the point. I've been using supplements for honestly 20+ years and the stuff that has come and gone is mind boggling. And not because it didn't work, mostly because it DID work and that's why it's gone. It's a shame.
-Spaz
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04-18-2017, 10:13 AM #13
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04-18-2017, 10:17 AM #14
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04-18-2017, 10:33 AM #15
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04-18-2017, 11:10 AM #16
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04-18-2017, 11:38 AM #17
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04-18-2017, 11:50 AM #18
Nah, I completely hear what you're saying Spaz. I get it. It's frustrating for sure, especially for somebody like you who is more educated on supplements and specific ingredients. I just think a lot of supplement companies would use that to their advantage, which may not be in the best interest of society.
BC, Canada
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04-18-2017, 12:01 PM #19
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It was the FDA who shut down Matt Cahill both times (His pesticide-containing fat burner that was killing people and Craze), and they're the ones who got the stuff we can't talk about here pulled off the market (which is whatever, but you could buy them off the shelf at any GNC/Vitamin Shoppe as "muscle builders").
Last edited by AfroPope; 04-18-2017 at 12:58 PM.
***THE AFRO POPE: "The Man Who Never Gets Mad Online"***
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04-18-2017, 12:07 PM #20
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04-18-2017, 03:39 PM #30
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