Jury Verdict in Favor of Vestagen Stands as U.S. Federal Court Denies SPI Efforts to Overturn
ORLANDO, FL – November 17, 2017 – Vestagen Protective Technologies, Inc., which manufactures and markets VESTEX® Active Barrier1 fabric healthcare uniforms, lab coats and patient garments, today announced that a U.S. federal court in California denied all additional legal motions against Vestagen brought by medical garment manufacturer Strategic Partners, Inc. (SPI). The SPI motions followed a recent jury trial for its 2016 lawsuit, in which the jury found in favor of Vestagen. The Court decisions this week confirm the jury verdict, rejecting SPI’s allegations that Vestagen had made false and misleading advertising and marketing claims about VESTEX. The Court’s denial of these new motions means the jury verdict for Vestagen will stand.
In this week’s decisions, the Court denied SPI motions for a new trial and it also rejected SPI claims based on state law involving false and misleading advertising and unfair business practices. Among other findings, the Court rejected allegations that VESTEX was promoted in a way that misstated published scientific results and conflicted with regulations established by the U.S. Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA).
“From the start, we maintained that SPI’s legal attack on Vestagen was not based on the facts, and these new rulings denying SPI’s recent motions further validate our position,” said Bill Bold, Chief Executive Officer of Vestagen. “We believe that SPI, a company many times the size of Vestagen, brought this lawsuit as an attempt to thwart an emerging competitor with important new technology. Our success in the marketplace attests to the value of VESTEX, and we look forward to advancing its adoption now that this unjustified legal challenge is behind us.”
VESTEX Active Barrier fabric is a unique combination of technologies used to produce comfortable, continuous-wear healthcare worker and patient garments intended to minimize the risks associated with unanticipated exposure to body fluids during routine use, by repelling fluid splatter and spills from the fabric. A peer reviewed hospital-based study published in a leading medical journal showed reduced acquisition and retention of certain microorganisms on VESTEX scrubs compared to conventional healthcare uniforms. VESTEX contains an EPA-registered antimicrobial agent2 and has been shown, in controlled conditions in laboratory and hospital settings, to inhibit the growth of certain bacteria on the fabric.3, 4 VESTEX has earned an exclusive endorsement from the American Hospital Association.
1 – Neither liquid repellency nor antimicrobial tests are intended to assess the VESTEX active barrier apparel’s ability to meet personal protective equipment requirements. The ability of the fabric to reduce exposure to microorganisms or infections has not been studied.
2 – VESTEX garments do not protect users or others against disease-causing bacteria. Always clean the garment thoroughly after each use.
3 – Bearman, G., Rosato, A., Elam, K., Sanogo, K., Stevens, M., Sessler, C., and Wenzel, R. P., “A Cross-over Trial of Antimicrobial Scrubs to Reduce MRSA Burden on Healthcare Worker Apparel,” Infect. Control Hosp. Epidemiol., Vol. 33, No. 3, 2012, pp. 268–275.
4 – Hardwick, Matthew, Walsh, Thomas, and Cotton, Margaret, “Fabric Challenge Assays: New Standards for the Evaluation of the Performance of Textiles Treated with Antimicrobial Agents,” Pesticide Formulation and Delivery Systems: Innovating Legacy Products for New Uses on November 1–3, 2011 in Tampa FL; STP 1558, M. Bernards, Editor, pp. 1–14, doi: 101520/STP155820120184, ASTM International, West Conshohocken, PA 2013.
Vestagen develops and markets advanced performance textile products and technologies. Vestagen has developed VESTEX®, which represents a new class of technology-based, active barrier protective fabrics combining antimicrobial, liquid repellent and breathability properties. VESTEX uniforms are designed to minimize the risks associated with unanticipated fluid exposures during routine use as general purpose attire. Studies conducted in controlled conditions in a hospital setting show that VESTEX can prevent or reduce the acquisition and retention of certain microorganisms on the fabric. VESTEX garments are comfortable, durable and affordable. For more information, visit vestagen.com.