North Idaho nutritional supplement seller sued
A local nutritional supplement seller was sued in federal court this week by an Arizona-based competitor with a reputation for brawny behavior.
Big Dan’s Fitness, a Lewiston, Idaho-based nutrition business with a storefront in the Hayden Creek Mall, and outlets in Pullman and the Spokane Valley, was sued this week in a California federal court by Arizona-based Nutrition Distribution LLC.
Dan Moore, who owns Big Dan’s Fitness, said his BigDansFitness.com LLC is among a host of mail-order nutrition retailers being sued in San Diego federal court by the Arizona competitor.
The lawsuit alleges Big Dan’s has been selling illicit steroids online in violation of federal drug laws.
Moore, of Kamiah, started his company in Lewiston a decade ago. His products don’t contain the illegal substances the plaintiff alleges, Moore said, and some of the products named in the lawsuit, and alleged to be illegal, may be legally sold in the U.S.
The suit also targets brand name products that Big Dan’s has not yet advertised for sale.
“We’re still waiting for the official marketing material from the manufacturer,” Moore said.
In the burgeoning world of nutrition supplements, Nutrition Distribution LLC, is known for filing
frivolous lawsuits against its online competitors nationwide.
Nutrition Distribution develops and manufactures nutritional supplements and markets them under a variety of names, according to Bloomberg.com, an internet site that tracks businesses nationally. The company was incorporated in 2006 and filed Chapter 11 Bankruptcy in 2008.
Among 23 lawsuits filed by the Nutrition Distribution against competitors in Florida, Missouri, Texas and North Carolina last year, six have been dismissed so far this year.
Big Dan’s was among two companies — the other one is Total Fitness Warehouse LLC of North Carolina — targeted in recent suits.
“I knew it was just a matter of time before they sued me.” he said. “They are involved with over 180 frivolous lawsuits against small businesses and have similar allegations against them in attempts to gain fast settlements.”
After competitors respond to the complaints and spend several thousand dollars defending themselves, Moore said, the company often dismisses its charges. The costly court proceedings leave defendants, often mom-and-pop sellers with boxes of products in their basements, with a malnourished bank account, he said.
In other cases, small dealers opt to settle instead of entering a drawn-out court fight.
“It can cost as much as $20,000 until they get dismissed,” he said.
Moore said he has hired counsel and plans to countersue. He has set aside $50,000 to take on the Arizona company.