Court: "Evidence of widespread advertising scheme"

Orange County, California – Lawyers appointed by a Federal Judge to
represent tens of thousands of consumers allegedly defrauded by
supplement maker Bio-Engineered Supplements and Nutrition ("BSN")
announced today that will ask the Judge to order BSN to stop its
false advertising and require BSN to immediately recall all BSN
products promoted through false advertising. Class counsel also
announced that they will ask the Court to schedule a hearing on their
injunction request at the Court's earliest convenience.

Specifically, the consumer class will ask the Court to: (1) enjoin
BSN and its agents from any further advertising of "CEM3" or any
corollary representations; (2) compel BSN to immediately recall all
falsely advertised products; (3) compel BSN to inform all product
vendors of the existence of and requirements set forth in the
injunction; and (4) compel BSN to either produce competent evidence
to support its claims regarding CEM3 or engage in appropriate
corrective advertising.

In late 2008, a California Federal Judge certified a nationwide and
statewide class action against BSN. That lawsuit alleges that BSN
sold tens of thousands of bottles of its products Cellmass, Nitrix,
and N.O.-Explode based upon false labels and false advertising.
Specifically, the suit alleges that BSN falsely claims that its
products contain a new form of creatine called "Creatine Ethyl Ester
Malate", or "CEM3." The suit claims that not only did BSN's products
not contain CEM3, but that CEM3 does not exist and is impossible to
manufacture.

In certifying the class, U.S. District Judge James V. Selna concluded
that the plaintiffs had "provided sufficient evidence to demonstrate
that they may be able to prove the false representations at trial."
The Court further concluded that the evidence presented by the
Plaintiffs show "evidence of a wide-spread advertising campaign which
claims that CEM3 is a superior form of creatine" and that the same
evidence "tends to indicate that the representations were made."
Finally, the Court ruled that "Rivera has provided sufficient
evidence that the products did not contain CEM3" and that BSN
improperly engaged in an "underlying scheme of promoting CEM3 as a
superior form of creatine" to allow the case to proceed to trial as a
class action.

Class counsel Scott J. Ferrell of the law firm Call, Jensen & Ferrell
offered the following statement: "BSN's ongoing fraud must stop now.
BSN has had over a year to provide any evidence to support its claims
about CEM3, but its silence is deafening: BSN has not produced a
single persuasive document. Now, if BSN does have any evidence, we
expect that they'll turn it over to the Court and to the class."

Contacts:
Scott Ferrell, Esq. 949.717.3000 sferrell@...
James Hardin, Esq. 949.717.3000 jhardin@...