Phosphogen ELite

[lsfii2]

So basically, I'm up in Canada and the local gnc doesn't carry anything. The creatine choices are sizeon, phosphogen elite, betagen, cellmass and gnc micronized creatine. I wanted just a basic creatine with little extras added so that eliminates cellmass and sizeon, betagen doesnt work (trying to bulk and too many added extras. So that leaves me Phosphogen elite or gnc brand. Is phosphogen elite good? / is it basically just pure monohydrate or what is added?

* I am 16 years old and have been training for a couple years for baseball.
I know you don't recommend creatine for teens I've looked into it decided that it would be a help to me. The reason I don't want to take one of the creatine formulas is because of my age and the fact that they contain alot of crap that is unneeded (BSN adds more sugar and chemicals than actual creatine).

[davejakes]

You may have trouble getting advice because of your age, but given that boys your age may indeed be competing against players using illegal performance enhancing substances, if you were my son (and I have a son close to your age), I would recommend trying the cheapest creatine monohydrate formula you can find. Added ingredients should be on the label.

In the past, I had excellent results using a 1 week loading phase, where I mixed 1 serving of creatine in white grape juice 4-5 times/day. Then I used a daily maintenance dose of 1 serving. At the time, it was thought that taking creatine with a high glycemic beverage would enable more of it to reach your muscles. I don't know for sure what the latest protocol is.

[DanielleL_AP]

Hi Isfii2,

I see Amanda has posted on this before so I'm repasting her response just to reiterate.

Congrats on taking a solid effort at for your weight gain. The most important factors are going to be eating enough calories -- enough carbs and just the right amount of protein, eating the right types of foods, eating often, and recovering from your training sessions.

We DO NOT recommend these speciality supplements for anyone under the age of 18. Creatine does occur naturally, but supplemental creatine has not been researched in those under 18. Think about these important factors over creatine:

(1) Eat Breakfast Immediatly upon Waking up
(2) Eat every 3 hours from that point on
(3) Make sure there is a protein source with each of your meals and aim to consume 1g per pound for the entire day.
(4) Choose minimally processed carbohydrates -- whole grains, fruits, veggies, pastas, brown rice, etc.
(5) Add healthy fats back -- olive oil, nuts, seeds, peanut butter, etc.
(6) Use 100% fruit juice to add calories -- drink 100% juice with your meals
(7) Make sure you recover after your training sessions. 16-24oz of chocolate milk would be perfect for you.

I do not recommend that product. I recommend that you work on these habits that will maintain and sustain your goals for a lifetime.

First I want to ask, have you been focusing on the above 7 points. If yes, how has that worked for you? If no, why not?

It's risky for kids to use creatine or any other supplements, because there hasn't been much research conducted on this age group. Also, you're still growing and going through puberty and currrently researchers are unsure of how the creatine and it's effects on muscle growth, body mass, strength, etc will effect you (whether positive or negative).

First you need to get down proper training and eating habits. This is first and foremost for anyone and it will definitely show up in the long run vs. the short run. Which, I know, no body wants to hear.

And davejakes you're right consuming a carbohydrate with creatine is still the best practice. However, loading is not necessary any more. And I would still be careful with the cheapest product out there. Supplement companies are not regulated very well, i.e. BSN. I am copying and pasting part of an email I received. This is another reason why everyone especially kids under 18 need to be wary of the supplements they take. Supplements should be third party tested trhough NSF Inernational or US Pharmacopia. Third party testing helps to ensure that there aren't any illegal substances/steroids and that what it says on the bottle is actually in the bottle.

[DanielleL_AP]

ROBINSON, CALCAGNIE & ROBINSON
CALL, JENSEN & FERRELL

NOVEMBER 13th, 2008
FOR IMMEDIATE RELEASE

Contact: Mark Robinson, Esq. 949.720-1288 beachlawyer51@hotmail.com
Scott Ferrell, Esq. 949.717.3000 sferrell@calljensen.com
James Hardin, Esq. 949.717.3000 jhardin@calljensen.com

COURT CERTIFIES CLASS ACTION AGAINST SUPPLEMENT MAKER BSN
Company Accused of Massive Fraud In False Advertising Lawsuit
Orange County, California ¨C A California Federal Judge has certified a nationwide and statewide class action against supplement maker Bio-Engineered Supplements & Nutrition, Inc. (¡°BSN¡±). The lawsuit alleges that BSN sold tens of thousands of bottles of its products Cellmass, Nitrix, and N.O.-Explode based upon false labels and false advertising. Specifically, the suit alleges that BSN falsely claims that its products contain a new form of creatine called ¡°Creatine Ethyl Ester Malate¡±, or ¡°CEM3.¡± The suit claims that not only did BSN¡¯s products not contain CEM3, but that CEM3 does not exist and is impossible to manufacture.
In certifying the class, U.S. District Judge James V. Selna concluded that the plaintiffs had ¡°provided sufficient evidence to demonstrate that they may be able to prove the false representations at trial.¡± The Court further concluded that the evidence presented by the Plaintiffs show ¡°evidence of a wide-spread advertising campaign which claims that CEM3 is a superior form of creatine¡± and that the same evidence ¡°tends to indicate that the representations were made.¡± Finally, the Court ruled that ¡°Rivera has provided sufficient evidence that the products did not contain CEM3¡± and that BSN improperly engaged in an ¡°underlying scheme of promoting CEM3 as a superior form of creatine¡± to allow the case to proceed to trial as a class action.
The Court certified a class of both California consumers and nationwide consumers. The Court defined the ¡°nationwide fraud class¡± to include ¡°All persons residing in the United States who, from November 6th 2003 to the date of certification, purchased any BSN product labeled as containing Creatine Ethyl Ester Malate¡± or ¡°CEM3¡±, including but not limited to ¡°Cellmass¡±, ¡°Nitrix¡±, and N.O.-Xplode¡± products.¡± The class is believed to include over 100,000 members nationwide, and the Court further noted that plaintiffs claim that ¡°the plaintiffs each lost $50 or more¡± as a result of the alleged fraud.
Finally, the Court appointed the law firms of Robinson, Calcagnie & Robinson (www.orangecountylaw.com) and Call, Jensen & Ferrell (www.calljensen.com) as counsel for the class. Collectively, the two firms have obtained verdicts and settlements of several billion dollars in recent years.
¡°I am sure the members of this newly certified class will appreciate Judge Selna's ruling. We still have a lot of work to do, but we are looking forward to proceeding to trial on behalf of the many consumers in the class who have been damaged¡±, stated class counsel Mark. Robinson. ¡°We¡¯re obviously quite pleased with the Court¡¯s decision¡±, added class counsel Scott J. Ferrell. ¡°BSN perpetrated a massive fraud on unwary consumers. By far, the most important aspect of the ruling is the ability to enjoin BSN from making these fraudulent claims. We also look forward to promptly notifying the class members and getting this case in front of a jury as soon as possible. Classwide damages could easily exceed $100 million.¡±
# # #
For more information about the Rivera lawsuit or to schedule an interview with class counsel, please call Denise Reigel at 949.717.3000 or e-mail her at dreigel@calljensen.com.
Attachment: Order Granting Class Certification



UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. SACV 07-1306 JVS (RNBx) Date November 13, 2008
Title Michael Rivera, et al. v. Bio Engineered Supplements & Nutrition, Inc., et al.
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 26
Present: The
Honorable
James V. Selna
Karla J. Tunis Not Present
Deputy Clerk Court Reporter
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Not Present Not Present
Proceedings: (In Chambers)
Order Granting Plaintiff¡¯s Motion for Class Certification (Fld 2-1-08)
Order Denying Defendants¡¯ Motion to Exclude the Expert Declarations
of Richard Chamberlin and Jonathan Vennerstrom (Fld 10-22-08)
Plaintiffs Michael Rivera et al. (¡°Rivera¡±) seek class certification pursuant to
Federal Rule of Civil Procedure 23. Defendants Bio-Engineered Supplements &
Nutrition, Inc. et al. (¡°BSN¡±) oppose the motion.

I. BACKGROUND

BSN develops, manufactures, and sells nutritional supplements. Rivera alleges that BSN has sold tens of thousands of bottles of Cellmass, Nitrix, and N.O.-Xplode based on false labels and false advertising. Rivera alleges that BSN has and continues to proclaim that its products contain a supposedly new and improved form of creatine called ¡°Creatine Ethyl Ester Malate¡± or ¡°CEM3.¡± Rivera claims that not only did the products not contain CEM3, but that CEM3 does not exist and is impossible to manufacture. Rivera requests that this Court (1) certify a nationwide Rule 23(b)(2) class for injunctive relief; (2) certify a nationwide Rule 23(b)(3) unjust enrichment class; (3) certify a nationwide fraud Rule 23(b)(3) class; (4) certify a California Unfair Competition Law (¡°UCL¡±) Rule 23(b)(3) class; (5) appoint Plaintiffs Michael Rivera and Dan Abell as representatives for the class; and (6) appoint Robinson, Calcagnie & Robinson and Call, Jensen & Ferrell as class counsel pursuant to Fed. R. Civ. P. 23(g). Rivera also seeks class certification under Rule 23(b)(2) and 23(b)(3) of a California class. (Not. of Mot. p. 2.) Case 8:07-cv-01306-JVS-RNB Do***ent 180 Filed 11/13/2008 Page 1 of 26

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. SACV 07-1306 JVS (RNBx) Date November 13, 2008
Title Michael Rivera, et al. v. Bio Engineered Supplements & Nutrition, Inc., et al.
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 2 of 26

II. LEGAL STANDARD
All class actions in federal court must meet the following four prerequisites for class certification: (1) the class is so numerous that joinder of all embers is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. Fed. R. Civ. P. 23(a).
In addition, a plaintiff must comply with one of three sets of conditions set forth in Rule 23(b). Under Rule 23(b)(1), a class may be maintained if there is either a risk of prejudice from separate actions establishing incompatible standards of conduct or judgments in individual lawsuits would adversely affect the rights of other members of the class. Under Rule 23(b)(2), a plaintiff may maintain a class where the defendant has acted in a manner applicable to the entire class, making injunctive or declaratory relief appropriate. Finally, under Rule 23(b)(3), a class may be maintained
where common questions of law and fact predominate over questions affecting individual members and where a class action is superior to other means to adjudicate the controversy. The decision to grant or deny class certification is within the trial court¡¯s discretion. Yamamoto v. Omiya, 564 F.2d 1319, 1325 (9th Cir. 1977). In doing so, a trial court is only required to form a reasonable judgment. Blackie v. Barrack, 524 F.2d 891, 901 n.17 (9th Cir. 1975). In this regard, ¡°[t]he court is bound to take the substantive allegations of the complaint as true, thus necessarily making the class
order speculative in the sense that the plaintiff may be altogether unable to prove his allegations.¡± Id. The Court may require the parties to provide additional material from which the Court may make an informed judgment as to each requirement of class certification. Id.

[DanielleL_AP]

Another reason to be wary of supplements:

Balanced Health Products, Inc. Conducts Voluntary Urgent Nationwide Recall
of Starcaps Dietary Supplement Capsules Found to Contain an Undeclared Drug
Ingredient

*Contact:*
Balanced Health Products
(212)794-9793

*FOR IMMEDIATE RELEASE* -- November 24, 2008--- Balanced Health Products,
Inc. is voluntarily recalling *STARCAPS DIET SYSTEM DIETARY SUPPLEMENT, Lot
12/2011 – 84810*, sold in 30 capsule plastic bottles.

The recall is effective immediately and is being undertaken because this lot
of STARCAPS contains an undeclared drug ingredient- Bumetanide – a diuretic
available by prescription only. Bumetanide is also not listed on the product
label as an ingredient in this product.

Bumetanide is a diuretic indicated for the treatment of edema associated
with congestive heart failure, hepatic and renal disease including nephrotic
syndrome. Bumetanide has been detected in STARCAPS at a level of 0.8mg per
capsule. Potential risks associated with the use of Bumetanide include
serious and significant fluid and electrolyte loss and an elevation in uric
acid concentrations. Consumers should not take Bumetanide if they are
allergic to sulfonamides. Significant drug interactions with Bumetanide,
such as with digoxin and lithium, may lead to an increase risk of toxicity.
Patients may also be at an increased risk of hypotension (low blood
pressure), fainting (syncope) and resultant injury if they have normal blood
pressure or are already taking an antihypertensive medication and take
STARCAPS with undeclared Bumetanide.

The company has received no reports of illness associated with this product.

To date, this recall only applies to *Lot 12/2011 – 84810*. The company is
in the process of testing other lots and will notify the FDA of its results,
as well as, if additional lots are to be recalled.

The recalled lot totaling 1,974 consumer-size bottles were distributed
nationwide from August 2008 to October 30, 2008 through retail outlets and
online sales.

Consumers who purchased *STARCAPS Lot 12/2011 – 84810* should immediately
discontinue their use and return it to Balanced Health Products, Inc at the
address on the product label.

Consumers with questions may contact the company at (212) 794-9793 from
10:30am to 4pm EST Monday through Friday.

Consumers who experience adverse events with any lots of this product should
seek immediate help from their physician or healthcare provider.

Retail stores are being notified by fax or registered mail to immediately
stop all sales and return product to the company.

This recall is being made in cooperation with the US Food and Drug
Administration.

Any adverse reactions experienced with the use of this product should also
be reported to the FDA's MedWatch Program by phone at 1-800-FDA-1088, by fax
at 1-800-FDA-0178, by mail at MedWatch, HF-410, FDA, 5600 Fishers Lane,
Rockville, MD 20852-9787, or on the MedWatch website at
wwww.fda.gov/medwatch <https://www.accessdata.fda.gov/medwatch/>.