Jun 7, 2010
Jun 7, 2010
As many of my readers already know, I’ve obtained a full copy of the Species Nutrition lawsuit. It’s important to remember that I am not a lawyer, and although I have quite a bit of experience navigating legal issues in the nutritional world, I have forwarded a full copy of the lawsuit to some legal eagles, and am awaiting their analysis of the situation. What follows, however, is a simple F.A.Q. of exactly what the lawsuit is claiming and/or alleging.
Q: Who is being sued?
A: Species Nutrition is what I’d call the primary defendant. In addition to Species, Dave Palumbo, the owner, is being sued individually. Bodybuilding.com is being sued (for selling the product), Maria Krinis (the person who sourced the usnic acid for Species/Dave) is being sued along with the company she works for, Amfora Life Essentials. Finally, Bactolac and Nutricaps are both being sued as well, for handling the manufacturing of the product. In short, the sinking ship that we know as Species Nutrition, is taking literally everyone else down with them, from top to bottom.
Q: Can they really sue Dave Palumbo as an individual?
A: Dave is Species Nutrition – there is no defacto separation between him and his company. As I recall, Dave purchased a booth at the Phoenix Pro Bodybuilding show for Species, then used the all-access passes from that booth purchase to shoot videos for his other business, RxMuscle.com – this is one of the ways where it can be shown that Species is simply another name for Dave Palumbo himself, and not a separate corporate entity.
Q: What happened?
A: As a result of ingesting two Species Nutrition products, the plaintiff, who had no preexisting medical history of liver problems, suffered life threatening liver failure.
Q: What kind of diet was this woman following when her liver failed? Who was giving her advice?
A: Great question…I’m glad you asked. She was following the so-called “Palumbo Diet” and listening to advice dispensed by Dave Palumbo on his message board, RxMuscle.com.
Q: Does the lawsuit mention Dave Palumbo’s past criminal history?
A: Yes. 
Q: Is there any prior history of Species Nutrition selling products that contain ingredients banned by the FDA?
A: Yup. And so did Bodybuilding.com.
Q: Are Dave’s ties to Muscle Insider mentioned?
A: Yes.
Q: Did the label mistakes on the bottles come out in the lawsuit?
A: Yes. 
Q: Was Dave Palumbo aware of the potential liver problems associated with usnic acid?
A: Yes.
