Vestagen Wins Baseless Lawsuit Brought by Large Competitor
ORLANDO, FL – September 26, 2017 – Vestagen Protective Technologies, Inc., which develops and markets VESTEX® Active Barrier1 fabric healthcare uniforms, lab coats and patient garments, today announced that jurors in a U.S. federal court in California rendered a verdict in favor of Vestagen. The decision resulted from a baseless 2016 lawsuit brought against the company by a large competitor.
The suit filed by medical garment manufacturer Strategic Partners, Inc. (SPI), alleged that Vestagen had made false and misleading advertising and marketing claims about its VESTEX healthcare attire, causing SPI to lose market share to Vestagen. After a week-long trial, jurors rejected all of the allegations, finding in favor of Vestagen and throwing out the case.
“This is a great victory for Vestagen and for every entrepreneurial company that dares to shake up the status quo by bringing innovative products to the market,” said Bill Bold, Chief Executive Officer of Vestagen. “We always believed that this lawsuit brought by SPI, a company many times the size of Vestagen, was being pursued in an attempt to stifle an emerging competitor achieving market success with a new concept—active barrier healthcare attire designed for everyday use. The positive market response from our growing customer base and our marketing partners attests to the value of our VESTEX products. We look forward to continuing to compete in the marketplace based on the strength of our products and excellence of our team.”
“This favorable decision, despite the far greater legal resources available to SPI, is a testament to our legal system and to the facts of the case, which did not support SPI’s allegations,” said Ben Favret, Founder and President of Vestagen. “Vestagen is committed to integrity in all that we do, and to continuing to expand the portfolio of scientific information supporting the utility of our innovative VESTEX attire.”
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.