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Millennium Laboratories Wins Lawsuit: Ameritox Advertisements Regarding Rx Guardian and Rx Guardian CD Contain Literally False Statements
Date:6/14/2012

SAN DIEGO, June 14, 2012 /PRNewswire/ -- Millennium Laboratories today applauded the decision of a federal jury and confirming order by United States District Court Judge Benson Everett Legg that Ameritox's claims in advertisements promoting its Rx Guardian and Rx Guardian CD medication monitoring system are literally false, and the court's determination that the ads are material and "actually deceive or have the tendency to deceive" physicians. After the court concurred with the jury verdict that the ads were literally false, Ameritox consented to an order entered by the court prohibiting the dissemination of any advertisements claiming that Ameritox's Urine Drug Tests (UDT) can determine dosage compliance or adherence. In addition, the order requires Ameritox's CEO Ancelmo Lopes to promptly send to all current Ameritox customers, and post to Ameritox's website, a letter explaining the jury's verdict and the court's conclusion that Ameritox's challenged Rx Guardian advertisements contained the literally false statements that Rx Guardian can "determine dosage compliance," "verify dosage compliance," and other phrases that convey such meaning.    

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The jury verdict and concurring finding by Judge Legg also determined that an advertisement concerning Ameritox's so-called "Compliance Database" – introduced in June 2011 as Rx Guardian CD – was literally false because the patients in the purported "Compliance Database," described by Ameritox as "known adherent" patients, were not in fact known to be adherent. By the court's order, Ameritox is permanently prohibited from advertising that its services can determine, verify, or confirm the dosage taken by the patient. The order also prohibits Ameritox from using the term "known" adherent when describing patients in the so-called "Comp
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SOURCE Millennium Laboratories
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