The Globe and Mail

Go to the Globe and Mail homepage

Jump to main navigationJump to main content

Press release from CNW Group

United States District Court Rules in Favour of Garden of Life in its Proceedings against the FTC

Wednesday, February 29, 2012

United States District Court Rules in Favour of Garden of Life in its Proceedings against the FTC09:10 EST Wednesday, February 29, 2012QUEBEC CITY, Feb. 29, 2012 /CNW Telbec/ - Atrium Innovations Inc. (TSX: ATB), a globally recognized leader in the development, manufacturing, and commercialization of innovative, science-based dietary supplements endorsed by health professionals, announced today that the United States District Court of Southern Florida ruled in favour of Garden of Life, a subsidiary of Atrium, in the proceedings taken by the U.S. Federal Trade Commission (FTC).As previously announced, in a motion unsealed on October 3, 2011, the FTC alleged that Garden of Life and Jordan S. Rubin, the founder of the business, violated a Consent Decree, or a settlement between the parties, entered into in March 2006. The FTC alleged certain misleading marketing claims on four products launched during the first half of 2009. In his ruling, the judge concluded that the FTC failed to establish by clear and convincing evidence that Garden of Life and Jordan Rubin violated the 2006 Consent Decree. In particular, the judge found that the FTC failed to establish that Garden of Life did not possess competent and reliable scientific evidence in respect of the claims being challenged.About AtriumAtrium Innovations Inc. is a globally recognized leader in the development, manufacturing, and commercialization of innovative, science-based natural health products endorsed by health professionals. The Company distributes its extensive portfolio of products mainly in the healthcare practitioner and health food and specialized store channels, with a primary focus in North America and Europe. Atrium is at the forefront of science, innovation and education in the dietary supplement industry.  The Company has over 1,100 employees and operates eight manufacturing facilities. Additional information is available at www.atrium-innovations.com.Cautionary Note and Forward-Looking StatementsThis press release contains certain forward-looking statements with respect to the Company. These forward-looking statements, by their nature, require the Company to make certain assumptions and necessarily involve known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied in these forward-looking statements. Forward-looking statements are not guarantees of performance. These forward-looking statements, including financial outlooks, may involve, but are not limited to, comments with respect to the Company's business or financial objectives, its strategies or future actions, its targets, expectations for financial condition or outlook for operations and future contingent payments. Words such as "may", "will", "would", "could", "expect", "believe", "plan", "anticipate", "intend", "estimate", "continue", or the negative or comparable terminology, as well as terms usually used in the future and the conditional, are intended to identify forward-looking statements. Information contained in forward-looking statements is based upon certain material assumptions that were applied in drawing a conclusion or making a forecast or projection, including management's perceptions of historical trends, current conditions and expected future developments, as well as other considerations that are believed to be appropriate in the circumstances.  The Company considers these assumptions to be reasonable based on information currently available to it, but cautions the reader that these assumptions regarding future events, many of which are beyond its control, may ultimately prove to be incorrect since they are subject to risks and uncertainties that affect the Company and its business. For additional information with respect to these and other factors and assumptions underlying the forward-looking statements made in this press release, see the Company's quarterly and annual Management Discussion and Analysis for the fiscal year ended December 31, 2010 filed with the Canadian securities commissions. The forward-looking information set forth herein reflects the Company's expectations as at the date of this press release and is subject to change after such date. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, other than as required by law.For further information: Investor Relations:  Mario Paradis Vice President and Chief Financial Officer Tel.: 418 652-1116  mp@atrium-innovations.com Pierre Boucher MaisonBrison Communications Tel.: 514 731-0000, ext. 237 pierre@maisonbrison.com Media Relations: Amélie Germain Director of Communications Tel.: 418 652-1116   ag@atrium-innovations.com