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Tue January 22, 2013
Company seeks enforcement of supplement settlement
A three-judge federal appeals panel is weighing whether a Missouri company violated a settlement agreement with a Kentucky-based competitor in advertisements about a dietary supplement.
Judges from the U.S. 6th Circuit Court of Appeals in Cincinnati quizzed attorneys for Lexington-based Cogent Solutions Group and Hyalogic, a Missouri company, about the specifics of an agreement meant to keep Hyalogic from directly criticizing a supplement called Baxyl.
Baxyl is the brand name for a dietary supplement advertised for use in joint function.
Cogent Solutions claims Hyalogic continues to make false claims about Baxyl in ads, even though the two companies settled a 2011 lawsuit barring criticism of the product.
Central to the dispute is a YouTube video promoting a Hyalogic product. Hyalogic says a foreign company posted the video on its own.