DT’s Phytoplankton apparently tried to sue Reef Nutrition way back in June 2006 claiming ” The microalgae in our Phyto-FeastÂ© Live product was not alive and that DT’s Phytoplankton was losing money due to alleged false advertising, i.e. customers were preferring to buy Phyto-Feast over DT’s Phytoplankton’s products.” There is a great business strategy, sue another company because the competition’s product is preferred among customers. Fast forward a year and the lawsuit was dismissed as the courts found that Reef Nutrition’s products were actually live.
Specifically the court said:
Upon the execution and delivery of this Settlement Agreement by both Parties, DT s, its agents, attorneys, servants, employees, officers, directors, parents, subsidiaries and affiliates, franchisees, successors and assigns (collectively, the DT’s Parties), hereby irrevocably and unconditionally release, acquit, and forever discharge Reed Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, or expenses (including attorneys fees) of any nature whatsoever, in law or in equity, known or unknown, which any of the DT s Parties may have against the Reed Parties as of the Effective Date, by reason of any matter, cause or thing whatsoever, including but not limited to any claim related to Reed’s use of the word “Live” on the packaging, advertising and marketing of Phyto-Feast.
Not content with the court settlement, Reef Nutrition has even put up a wiki site that compares the two products side by side, which leans in favor of Reef Nutrition. You can read the full lawsuit papers here. The CCMP report, which RN used can be found here.