Tauler Smith prevails on Summary Judgment against IronMag Labs and Robert DiMaggio
Robert DiMaggio permanently enjoined from selling SARMs
In an eight page Order on Summary Judgment, Judge Manuel Real of the United States District Court for the Central District of California has ruled in favor of firm client Nutrition Distribution, LLC, ordering that Defendants IronMagLabs and Robert DiMaggio be permanently enjoined from selling SARMs.
“[I]t is indisputable that Defendants have made false statements regarding whether products containing Ostarine have side effects” read the Order, because “DiMaggio himself admitted at his deposition that Ostarine does have side effects, and the FDA has identified Ostarine and other SARMs as potentially dangerous to public health and safety.” The Court further found that “common sense requires a finding that statements denying the existence of negative health effects in a fitness product have a tendency to deceive a substantial segment of interested consumers.”
“We are very pleased that the Court has taken a firm stance on the legality of SARMs” said Robert Tauler, counsel of record for Nutrition Distribution, “the Court has put an end to DiMaggio’s sale of SARMs and has effectively ruled that the sale of such products is illegal.”
The Court’s Order ended by clearly stating “Defendants are permanently enjoined from
falsely advertising OSTA RX, Super DMZ 4.0, and other supplements containing Ostarine or other SARMs.”
“We look forward to the next phase, which will include briefing on Plaintiff obtaining an award of attorney’s fees,” said Tauler. “We will also be conducting more discovery into other companies DiMaggio sells SARMs to enforce this Order,” adding “it is important that companies putting profits over consumer safety pay the price.”