Lustigmans Lead Nutrition 21 in Successful Challenge of InterHealth

The National Advertising Division (NAD) decided in favor of Olshan client Nutrition 21, LLC against its competitor InterHealth Nutraceuticals, Inc. Nutrition 21 is the leading supplier of chromium picolinate, a dietary supplement ingredient utilized in products aimed at the diabetic marketplace. InterHealth launched a competing chromium ingredient, bolstered by an aggressive marketing campaign, targeted at Nutrition 21’s customers (companies that make dietary supplement products), claiming that its product was “the next generation chromium complex” and was “twice as effective as chromium picolinate.” Led by Andrew and Sheldon Lustigman and supported by strong expert testimony, Olshan challenged InterHealth’s advertising claims and substantiation. The NAD ruled in Nutrition 21’s favor on every point, and InterHealth has agreed to abide by the decision.