The PH MIRACLE
CENTER
- FOR IMMEDIATE RELEASE
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In
January 2001, Dr. Robert O. Young and his wife, Shelley R.
Young, (the “Youngs”) sold a company they founded
and operated for many years, Innerlight International, Inc.
It was sold to Darius International, Inc. (“Darius/Innerlight”),
then a wholly-owned subsidiary of The Quigley Corporation.
As a part of the sale, the Youngs transferred ownership of
a number of nutritional and dietary supplement products which
the Youngs formulated, tested and strongly approved (e.g.,
SuperGreens, Prime pH, and others).
In
connection with the sale, the Youngs agreed to a Non-Competition
Agreement and a Consulting Agreement. Darius/Innerlight was
permitted to use the Youngs’ names in association with
the sale of the products which the Youngs formulated and sold
to Darius/Innerlight.
Almost
from the beginning, problems arose between the Youngs and
Darius/Innerlight. Among other things, the Youngs grew increasingly
concerned that the new owners of Innerlight were not adhering
to the Youngs’ product formulations and philosophy.
In
an effort to protect their reputations and the health of those
who had come to trust their judgment and their science of
The New Biology, the Youngs attempted to renegotiate the agreements
with Darius/Innerlight but to no avail.
When
the Youngs brought out a new professional line of products,
Darius/Innerlight filed suit against the Youngs in the United
States District Court for the Eastern District of Pennsylvania,
and the Youngs counter-sued. The case went to trial in 2006.
The Court issued its Memorandum and Order on April 23, 2008.
In that Order, the Court ruled in the Youngs’ favor
on certain issues.
First,
the Youngs will be permitted to endorse, market, develop,
and sell any and all nutritional and dietary supplement products
in 2011…just 2 1/2 years from now;
Second,
the Court ruled that several products in the professional
line were not competitive with Innerlight, and could be marketed
by the Youngs.
Third,
the Court ordered that the Youngs were entitled to sell new
nutritional and dietary supplement products and besides the
professional line products mentioned above (except for products
which directly compete with the products they sold to Darius/Innerlight
back in 2001);
Fourth,
the Youngs are free to go forward with their new product lines,
applying the science of The New Biology to the areas of Weight
Loss and Anti-Aging, among others; and
Fifth,
Darius/Innerlight may not use the Youngs’ likenesses
in any way other than in conjunction with products or sales
aids which were conveyed to Darius under the Agreements.
The
Youngs are delighted that the Court recognized their right
to formulate and promote some of the professional line products
as well as their new products under their own names and brands.
The Youngs recently formed Young pHorever, Inc., a company
focused on formulating and selling Weight Loss and Anti-Aging
products.
The
Court, however, ruled against the Youngs on other issues.
The court awarded damages and attorneys' fees to Darius/Innerlight
on certain claims, and allowed Darius/Innerlight to continue
using Dr. Young's name in association with the sale of specific
products sold to Darius/Innerlight in 2001. The Court also
ordered the Youngs not to sell, until 2011, certain products
they formulated and sold to Darius/Innerlight; and ordered
Dr. Young to consult with Darius/Innerlight through 2011.
The Court ordered that, if requested by Darius/Innerlight,
Dr. Young must attend a number of Innerlight meetings and
conventions and conduct seminars on his science of The New
Biology.
The
Youngs feel that the Court erred in its Order by: (a) granting
damages and attorneys’ fees to Darius/Innerlight; (b)
allowing Innerlight to continue to use the Youngs' names in
association with the sales of products that were reformulated;
(c) prohibiting the Youngs from selling certain products until
2011; and (d) requiring Dr. Young to continue to consult with
Darius/Innerlight, and to attend meetings and seminars.
The
Youngs remain committed to controlling the use of their names
and reputation. The Youngs plan to continue their fight against
Darius/Innerlight in the Third Circuit Court of Appeals at
the earliest opportunity. They feel confident that the appellate
court will overrule much of the trial court’s ruling
and reduce the damages awards.
In
furtherance of their continued struggle with Innerlight and
their Third Circuit appeal, the Youngs have established a
Legal Defense Fund, accessible through their web site located
at: http://www.pHMiracleLiving.com.
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