Summit Nutritionals International, Inc. vs. Bio V Pharma, Inc. of Quebec, Canada
Summit Nutritionals International, Inc., a body politic and corporate duly incorporated according to law, having an office at 29 Rockaway Road, Lebanon, New Jersey, 08833. (Plaintiff)
Application Introductive of Action Notice
(Article 107 N.C.C.P ET SEQ.)
To any one of the Honourable Judges of the Cour du Quebec, Chambre Civile, District of Montreal, the application of Plaintiff respectfully represents
1) That at the request and for the benefit of Defendant, Plaintiff sold and delivered goods or materials having a value of U.S. $27,600.00 as appears from two invoices dated 9/18/2017 and purchase order addressed by Defendant for Plaintiff on July 4th, 2017 for U.S. $27,600.00, the said invoices and purchase order being produced herewith en liasse to avail as though herein recited at length as Exhibit P-1;
2) That based upon the invoices in question the terms provided by Plaintiff to Defendant were “Net 45”, meaning Net 45 days with the shipping date being 9/18/2017.
3) That the total amount due by Defendant to Plaintiff on November 2nd, 2017 was U.S. $27,600.00;
4) That Defendant failed to pay to Plaintiff any monies upon the Purchase Order in question and Plaintiff’s Attorney in Madison, New Jersey wrote a letter to Defendant on November 6th, 2017, a copy of which is produced herewith to avail as though herein recited at length as Exhibit P-2, however, Defendant ignored this request for payment.
5) That on November 17th, 2017, Me Peter R. Lack, the undersigned Attorney for Plaintiff wrote a mise-en-demeure to Defendant and this mise-en-demeure was received by Defendant on November 20th, 2017, a copy of the said mise-en-demeure and proof of delivery being produced herewith en liasse to avail as though herein recited at length as Exhibit P-3;
6) That Defendant refused to pay to Plaintiff the sum of U.S. $27,600.00 and the said sum is now owing by Defendant to Plaintiff;
7) That Defendant is indebted to Plaintiff in the amount of U.S. $27,600.00 converted to Canadian at the rate of $1.32 aggregating Canadian $36,432.00;
8) That Plaintiff’s action against Defendant is well founded in fact and in law.
Wherefore Plaintiff prays that by Judgement to be rendered herein, Defendant be condemned to pay to Plaintiff the sum of $36,432.00, together with interest and the additional indemnity as provided for by law from November 20th, 2017, the whole with frais de justice.
Montreal, November 27th, 2017
Peter R. Lack
Attorney for Plaintiff
Click the Link Below to View the Official Court Documents
Summit Nutritionals International, Inc of New Jersey is victorious in their legal battle against Sioux Pharm, Inc of Sioux Center, Iowa. As of October 2, 2015, Dr. Allan Kramer, President of Sioux Pharm, Inc, has formally withdrawn all claims made against Summit Nutritionals International in Case No. LACV 023704 in the Distict Court in and for Woodbury County, Iowa.
In addition, Sioux Pharm retracts all allegations made against Summit Nutritionals International.
For more information regarding the recent victory of Summit Nutritionals against Sioux Pharm, please visit the following links.
Sioux Pharm Inc. – Withdrawal of Claims and Retraction of Allegations Against Summit Nutritionals International, Inc. ®
To Whom It May Concern,
I have been asked by my client, Summit Nutritionals International, Inc., to make the following statement on the basis of the information provided to me by the client, which I consider to be true and which I have no reason to doubt:
In an unfair competition proceeding pending before the courts in Iowa, Sioux Pharm, Inc. has accused Summit Nutritionals International, Inc. of unfair competition, on the grounds that it commercializes diluted chondroitin sulphate that does not comply with the applicable purity standards.
This accusation is entirely untrue and baseless, as Sioux Pharm is perfectly aware.
Summit Nutritionals International, Inc. commercializes food grade chondroitin sulphate all over the world.
The food grade chondroitin sulphate is produced in strict accordance with the specifications of Summit Nutritionals International, Inc., by its manufacturer Eagle Laboratories, Inc., whose factory is located in the state of Iowa in the USA and with which it has an exclusive production and supply contract.
All products commercialized by Summit Nutritionals International, Inc. are analysed by five independent laboratories, all of which are accredited by the FDA – the US Food and Drug Administration. The analyses, the reports of which are provided together with the product supplied to Summit’s clients, show that the samples taken always contain at least 90% chondroitin sulphate, i.e. that they comply with the applicable purity standards.
The purity of the food grade chondroitin sulphate commercialized by Summit Nutritionals International, Inc. has therefore always been completely guaranteed and no adulteration has ever taken place.
It is also important to note that Summit Nutritionals International, Inc.’s clients also conduct analyses of the product supplied by Summit Nutritionals International, Inc. in laboratories selected by them and have never complained about the purity of the product, but have rather expressed their complete satisfaction with the quality of the product supplied.
This is one of the reasons why Summit Nutritionals International, Inc., is accredited by the Better Business Bureau serving New Jersey, which has certified its ethical advertising, sales and client relations business practices.