In the Matter of Certain Products Advertised as Containing Creatine Ethyl Ester; Notice of Investigation

Samenvatting

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 20, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of UNeMed Corporation of Omaha, Nebraska. Supplements to the Complaint were filed on June 5, 2009, June 8, 2009 and June 10, 2009. The complaint, as supplemented, alleges violations of section 337(a)(1)(A) based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain products advertised as containing creatine ethyl ester by reason of false advertising in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a)(1)(B) and the Nebraska Uniform Deceptive Trade Practices Act, R.R.S. Neb. Sec. 87-302 (2008), the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.