Company seeks enforcement of supplement settlement

BRETT BARROUQUERE Associated Press Published:

CINCINNATI (AP) -- A three-judge federal appeals panel is weighing whether a Missouri company violated a settlement agreement with a Kentucky-based competitor in advertisements about a dietary supplement.

Judges from the U.S. 6th Circuit Court of Appeals in Cincinnati quizzed attorneys for Lexington-based Cogent Solutions Group and Hyalogic, a Missouri company, about the specifics of an agreement meant to keep Hyalogic from directly criticizing a supplement called Baxyl.

Cogent Solutions claims Hyalogic continues to make false claims about Baxyl in ads, even though the two companies settled a 2011 lawsuit barring criticism of the product.

Central to the dispute is a YouTube video promoting a Hyalogic product. Hyalogic says a foreign company posted the video its own.

Baxyl is the brand name for a dietary supplement advertised for use in joint function.