COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Daniel L. Miranda, Esq. (SBN 021938)

Miranda Law Firm

6642 E. Baseline Road #102

Mesa, AZ 85206

Tel: (480) 719-8482

dan@mirandalawpc.com

Attorneys for Plaintiff

NUTRITION DISTRIBUTION LLC

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

NUTRITION DISTRIBUTION LLC, 

an Arizona Limited Liability 

Company,

Plaintiff,

vs.

SARMS PHARM LLC, an Arizona 

Limited Liability Company, and 

DOES 1 through 10, inclusive,

Defendants.

CASE NO.

COMPLAINT FOR FALSE 

ADVERTISING IN VIOLATION OF 

THE LANHAM ACT § 42 (a)(1)(B))

[DEMAND FOR A JURY TRIAL]

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 1 of 13
1

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Plaintiff Nutrition Distribution, LLC, dba Athletic Xtreme (“Nutrition 

Distribution” or “Plaintiff”), by and through its undersigned attorneys, submits this 

Complaint against Defendant Sarms Pharm LLC (“Sarms Pharm” or “Defendant”), and 

in support thereof, avers as follows:

INTRODUCTION

1. This is a civil action arising out of Defendant’s false and misleading 

advertising with respect to several products on its website www.sarmspharm.com.

2. For example and without limitation, Defendant is unlawfully advertising, 

marketing, distributing, and offering for sale several products containing various 

“Selective Androgen Receptor Modulators” (“SARMs”); and (ii) DMAA (also known as 

“1,3 Dimethylamylamine,” “dimethylamylamine,” and “1,3 DMAA,”). 

3. SARMs and DMAA have been, and continue to be, widely used in sports 

supplements sold in the United States. DMAA is even touted as a “natural” stimulant 

that enhances athletic performance and accelerates muscle gains and weight loss. 

4. SARMs and DMAA, however, pose significant health and safety risks to 

consumers. SARMs, such as Ibutamoren (“MK 677”), Ligandrol (“LGD 4033”), S-23, 

Ostarine (“MK-2866”), Andarine (“S4), Cardarine (“GW 501516”), YK-11, SR 9009, 

and RAD-140 (the “SARMs Products”), are synthetic drugs intended to have similar 

effects as illegal anabolic steroids and have many recognized serious side effects, 

including hepatoxicity (liver damage) and markedly lower plasma HDL cholesterol 

(raising the risk of heart disease), among others. 

5. DMAA is a lab-generated amphetamine derivative which produces 

symptoms associated with amphetamines and other central nervous system drugs and 

causes side effects including psychiatric disorders, heart problems, strokes, nervous 

system disorders, and other well-known side effects (up to and including death) 

associated with DMAA consumption. 

6. Consequently, there is an epidemic of online retailers, like Defendants,’

selling SARMs and DMAA (and other illicit and misbranded drugs) to bodybuilders, 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 2 of 13
2

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

competitive athletes, fitness enthusiasts, and other consumers seeking to enhance their 

physiques and physical performance. 

7. Despite the foregoing, Defendants have purposely made false and 

misleading statements concerning their SARMs and DMAA Products on their websites 

and through other promotional materials, including misrepresenting to consumers that 

such products are safe and have no adverse side effects. Indeed, Defendants fail to 

disclose to consumers the recognized side effects of using SARMs and DMAA. 

8. For example, on its website Defendant offers for sale the product labeled 

“MK-2866 Ostarine SARM,” among numerous other products containing SARMs. In its 

online product description of MK-2866, Defendant touts numerous purported health and 

physical benefits of this product: “When binding and activating the androgen receptor it 

naturally increases gene expression and increases protein synthesis therefore MK-2866 

has the ability to increase muscle growth. MK-2866 almost exclusively uses its 

anabolic effects on muscle tissue, therefore it is [sic] been shown to be a great substitute 

for testosterone because it has no negative side effects physically and was [sic] great 

ability to not only gain lean muscle mass but also has the ability to minimize muscle 

atrophy and other muscle wasting disorders. MK-2866 is the most anabolic of all 

SARMs therefore it produces increases in lean muscle mass, strength increases,

increases in healing properties, and improves endurance” (Emphasis added). However, 

this appears at the bottom of the same webpage: “THIS PRODUCT IS NOT INTENDED 

TO TREAT, CURE OR DIAGNOSE ANY CONDITION OR DISEASE AND IS NOT 

FOR HUMAN CONSUMPTION.” Plainly despite the disclaimer, Defendant markets 

the SARM Products for human consumption.

9. Ostarine is currently under investigation as a new pharmaceutical drug. 

Thus, Defendant’s Ostarine products, and any other products containing SARMs, are not 

recognized as safe and effective for any of the uses suggested by Defendant and may 

pose significant health and safety risks to consumers. Indeed, on its informational 

“SARMS” webpage, its says, “SARMs are able to selectively cause muscle growth, 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 3 of 13
3

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

while reducing or eliminating unwanted secondary side effects.” Contrary to these 

statements, medical experts have opined that products containing SARMs “have many 

recognized potential serious side effects, including hepatoxicity (liver damage), and 

markedly lower plasma HDL cholesterol (raising the risk of heart disease),” and may 

have even more serious consequences that are currently unknown. In fact, since Ostarine 

is only in phase II clinical trials, medical experts have emphasized that there is “no 

evidence that Ostarine is safe for humans to consume.” Thus, medical experts have 

concluded that the sale of products containing SARMs, like Defendant’s SARMs 

Products, is “highly dangerous to public safety.” (Emphasis added.) 

10. With respect to its DMAA product, “Pure 1,3 DMAA in a PEG Solution –

30mL,” Defendant plays up the supposed positive effects of DMAA, while mentioning 

nothing of the negative: “DMAA, also known as 1,3 DMAA or Methylhexanamine is an 

indirect sympathomimetic drug that constricts blood vessels and thus has effects on the 

heart, lungs, and reproductive organs. It also causes bronchodilation, inhibits peristalsis 

in the intestines, and has diuretic effects.” However, this appears at the bottom of the 

same webpage: “THIS PRODUCT IS NOT INTENDED TO TREAT, CURE OR 

DIAGNOSE ANY CONDITION OR DISEASE AND IS NOT FOR HUMAN 

CONSUMPTION.” Again, it is clear that Defendant markets the SARM Products for 

human consumption.

11. DMAA side effects include psychiatric disorders, heart problems, strokes, 

nervous system disorders, and other well-known side effects (up to and including death) 

associated with DMAA consumption.

12. Making matters worse, Defendant fails to disclose that both SARMs and 

DMAA are specifically prohibited for use in sporting events by the World Anti-Doping 

Agency and the U.S. Anti-Doping Agency, despite the fact that Defendant specifically 

markets its products to body builders and other competitive athletes. 

13. Defendant has knowingly and materially participated in a false and 

misleading advertising campaign to promote and sell its products containing SARMs and 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 4 of 13
4

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DMAA. Defendant’s continuing false, misleading, illegal and deceptive practices have 

violated the Lanham Act and have unjustly enriched Defendant at the expense of 

Plaintiff, and have caused Plaintiff extensive and irreparable harm, including but not 

limited to, loss of revenue, disparagement, and loss of goodwill. 

14. Among other things, this action seeks to enjoin Defendant from the 

marketing and sale of any and all products containing SARMs and DMAA, or Ostarine 

and/or other SARMs, as Defendant is illegally and falsely marketing such products in 

violation of the Lanham Act. 

JURISDICTION AND VENUE

15. This Court has subject matter jurisdiction over this action pursuant to 15 

U.S.C. § 1121 and 28 U.S.C. § 1331 (federal question jurisdiction) because Plaintiff 

asserts causes of action arising under federal law and the controversy exceeds the value 

of $75,000. 

16. This Court has personal jurisdiction over Defendant because it has, directly 

or through its intermediaries (including distributors, retailers, and others), developed, 

licensed, manufactured, shipped, distributed, offered for sale, sold, and advertised its 

nutritional supplement products in the United States, the State of Arizona, and this 

district, including but not limited to, the products containing SARMs and DMAA. 

Defendant has purposefully and voluntarily placed these products into the stream of 

commerce with the expectation that they will be purchased in this district. 

17. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) 

because a substantial part of the events or omissions which gave rise to the claim 

occurred in this district. Allstar Marketing Group, LLC v. Your Store Online, LLC, 666 

F. Supp. 2d 1109, 1128 (C.D. Cal. 2009). Alternatively, venue is proper in this judicial 

district pursuant to 28 U.S.C. § 1391(b)(3).

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 5 of 13
5

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

PARTIES 

18. Plaintiff Nutrition Distribution, LLC, dba Athletic Xtreme (“Nutrition 

Distribution” or “Plaintiff”) is an Arizona limited liability company with its principal 

place of business at 14215 N. 8th Place, Phoenix, Arizona, 85022.

19. Defendant Sarms Pharm LLC (“Sarms Pharm” or “Defendant”) is an 

Arizona limited liability company, which lists as its business address: 303 East Gurley 

Street, Suite 445, Prescott, Arizona 86301. 

20. Plaintiff is ignorant of the true names and capacities of defendants sued

herein as Does 1- 10, inclusive, and therefore sues these defendants by such fictitious 

names. Plaintiff will amend this Complaint to allege their true names and capacities 

when ascertained. Plaintiff is informed and believes and thereon alleges that each of 

these fictitiously named defendants is responsible in some manner for the occurrences 

herein alleged, and that Plaintiff’s injuries as herein alleged were proximately caused by 

the aforementioned defendants.

FACTUAL ALLEGATIONS

21. The nutritional supplement industry is one of the fastest growing and most 

lucrative in the United States. A recent Forbes article estimates that nutritional 

supplement sales accounted for $32 billion in revenue in 2012 and predicts this number 

to grow to $60 billion within ten years. The growth and size of the nutritional 

supplement market and the relatively low barriers to entry provide perverse incentives for 

unfair competition prohibited by the Lanham Act and other illegal activity.

Plaintiff Nutrition Distribution & “Advanced PCT”

22. Plaintiff is a cutting edge sports supplement manufacturer and marketer. 

From its inception, Plaintiff was a leader in the nutritional supplement market, 

specifically for bodybuilding. 

23. Plaintiff has products in several categories of body building products, 

including pre-workouts, muscle-gainers, fat burners and male performance enhancement. 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 6 of 13
6

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

24. Around 2008, Plaintiff began developing a new product in the muscle-gainer 

sub-market of the nutritional supplement world. 

25. After devoting its resources for over a year on product development and 

testing, Plaintiff introduced “Advanced PCT” in July 2009. 

Defendant’s SARMs Products 

26. Defendant Sarms Pharm is a competing nutritional supplement company in 

Arizona, which operates the retail website www.sarmspharm.com. 

27. On its website and through other promotional materials, Defendant touts

numerous purported benefits of its various SARMs Products. In truth, SARMs, like 

Ostarine, are synthetic drugs intended to have the same kind of effects as androgenic 

drugs like illegal anabolic steroids. Critically, SARMs are not legal as ingredients in any 

type of dietary supplement. 

28. SARMs drugs such as Ostarine are still in the research and testing phases 

and are currently undergoing investigation and development from a number of 

pharmaceutical companies. Accordingly, products containing SARMs are not recognized 

among experts as safe and effective for use under the conditions suggested by Defendant 

and may pose significant potential health and safety risks to consumers. 

29. Defendant has falsely marketed and advertised its SARMs Products, giving 

consumers the massive gains of illegal steroids and a false sense of security regarding 

their safety. In reality, Defendant knew all along that its products were not recognized

among experts as safe and effective for use under the conditions suggested by Defendant 

and may pose significant potential health and safety risks to consumers.

30. Defendant’s false and misleading advertising is harmful to the marketplace 

for dietary and nutritional supplements and potentially to individual consumers. 

Defendant has created an illegitimate marketplace of young bodybuilders who will gain 

muscle “at all costs,” but who are not informed of the dangers of Defendant’s products. 

Users of the SARMs Products have little incentive to use a natural product like Advanced 

PCT until they are hurt or the product is taken off the shelves. 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 7 of 13
7

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Defendant’s DMAA Products 

31. Defendant Sarms Pharm is a competing nutritional supplement company in 

Arizona, which operates the retail website www.sarmspharm.com. 

32. On its website and through other promotional materials, Defendant touts

numerous purported benefits of its various SARMs Products. DMAA is often touted as a 

“natural” stimulant, despite there being no reliable science indicating that this chemical 

occurs naturally, in plants or otherwise. In truth, DMAA is an amphetamine, making it a 

potent central nervous system stimulant. 

33. Although DMAA has no current recognized medical use, it has a long track 

record of being marketed to competitive athletes, bodybuilders and fitness enthusiasts as 

a way to accelerate fat loss and promote muscle gains. Unfortunately, however, when 

consumed as an athletic supplement, DMAA presents serious health risks to consumers. 

For example, DMAA has been found to narrow blood vessels and arteries, which can 

elevate blood pressure, and may lead to cardiovascular problems such as shortness of 

breath, arrhythmias, tightening in the chest, as well as neurological and psychological 

conditions, such as seizures and strokes. In fact, the FDA has received at least 86 reports 

of adverse events involving products containing DMAA.

34. Defendant’s failure to disclose any of these recognized side effects and 

adverse health consequences is alone sufficient to render Defendant’s statements about 

its DMAA Products false and misleading. 

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

(False Advertising in Violation of Section 43(a)(1)(B) of the Lanham Act)

1. Plaintiff incorporates the allegations contained in the foregoing paragraphs 

as though fully set forth herein in their entirety.

2. On its website and through other promotional materials, Defendant has 

purposely made false and misleading statements concerning their SARMs Products, 

including marketing and mislabeling such products as natural “dietary supplements” and 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 8 of 13
8

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

misrepresenting to consumers that such products are purportedly safe and have little to no 

adverse health and safety consequences. Indeed, Defendant fails to disclose any of the 

recognized side effects of using SARMs. 

3. For example, on its website Defendant advertises and offers for sale the 

product “MK-2866 Ostarine SARM,” among numerous other products containing 

SARMs. Defendant touts numerous purported health and physical benefits of this 

product, including this: “When binding and activating the androgen receptor it naturally 

increases gene expression and increases protein synthesis therefore MK-2866 has the 

ability to increase muscle growth. MK-2866 almost exclusively uses its anabolic effects 

on muscle tissue, therefore it is [sic] been shown to be a great substitute for testosterone 

because it has no negative side effects physically and was [sic] great ability to not only 

gain lean muscle mass but also has the ability to minimize muscle atrophy and other 

muscle wasting disorders. MK-2866 is the most anabolic of all SARMs therefore it 

produces increases in lean muscle mass, strength increases, increases in healing 

properties, and improves endurance” (Emphasis added). 

4. In truth, SARMs, like Ostarine, are synthetic drugs intended to have the 

same kind of effects as androgenic drugs like illegal anabolic steroids. Critically, 

SARMs are not legal as ingredients in any type of dietary supplement. 

5. Moreover, SARMs drugs such as Ostarine are still in the research and 

testing phases and are currently undergoing investigation and development from a 

number of pharmaceutical companies. Thus, Defendant’s SARMs Products are not 

recognized as safe and effective for any of the uses suggested by Defendant and may 

pose significant health and safety risks to consumers. 

6. Indeed, medical experts have opined that products containing SARMs “have 

many recognized potential serious side effects, including hepatoxicity (liver damage), 

and markedly lower plasma HDL cholesterol (raising the risk of heart disease),” and may 

have even more serious consequences that are currently unknown. In fact, since Ostarine 

is only in phase II clinical trials, medical experts have emphasized that there is “no 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 9 of 13
9

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

evidence that Ostarine is safe for humans to consume.” Thus, medical experts have 

concluded that the sale of products containing SARMs, like Defendant’s SARMs 

Products, is “highly dangerous to public safety.” 

35. Moreover, Defendant fails to disclose that SARMs are specifically 

prohibited for use in sporting events by the World Anti-Doping Agency and the U.S. 

Anti-Doping Agency, despite the fact that Defendant markets its products to body 

builders and other competitive athletes. 

36. With respect to its DMAA product, “Pure 1,3 DMAA in a PEG Solution –

30mL,” Defendant plays up the supposed positive effects of DMAA, while mentioning 

nothing of the negative: “DMAA, also known as 1,3 DMAA or Methylhexanamine is an 

indirect sympathomimetic drug that constricts blood vessels and thus has effects on the 

heart, lungs, and reproductive organs. It also causes bronchodilation, inhibits peristalsis 

in the intestines, and has diuretic effects.” However, this appears at the bottom of the 

same webpage: “THIS PRODUCT IS NOT INTENDED TO TREAT, CURE OR 

DIAGNOSE ANY CONDITION OR DISEASE AND IS NOT FOR HUMAN 

CONSUMPTION.” Again, it is clear that Defendant markets the SARM Products for 

human consumption.

37. DMAA side effects include psychiatric disorders, heart problems, strokes, 

nervous system disorders, and other well-known side effects (up to and including death) 

associated with DMAA consumption.

7. The use of such falsely marketed substances has the tendency to deceive a 

substantial segment of the public and consumers, including those in Arizona, into 

believing that they are purchasing a product with different characteristics. 

8. The deception is material because it is likely to influence a consumer’s 

purchasing decision, especially if the consumer is concerned about the consequences of 

taking steroids or illegal substances. 

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 10 of 13
10

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9. Defendant has introduced its false and misleading statements into interstate 

commerce via marketing and advertising on various websites, and shipment of its

products in interstate commerce, containing false and misleading advertising.

10. Plaintiff has suffered both an ascertainable economic loss of money and 

reputational injury by the diversion of business from Plaintiff to Defendant and the loss 

of goodwill in Plaintiff’s products. Indeed, Defendant’s conduct is a black eye on the 

industry as a whole, and has the tendency to disparage Plaintiff’s products and goodwill.

11. Defendant’s actions, as described above, constitute false and misleading 

descriptions and misrepresentations of fact in commerce that, in commercial advertising 

and promotion, misrepresent the nature, characteristics, and qualities of its products in 

violation of Section 43(a)(1)(B) of the Lanham Act. 

PRAYER

Wherefore, Plaintiff Nutrition Distribution LLC prays for judgment against 

defendant Sarms Pharm LLC (“Sarms Pharm” or “Defendant”) as follows:

1. For preliminary and permanent injunctive relief enjoining Defendant from 

producing, licensing, marketing, and selling any product containing Ostarine 

and/or other Selective Androgen Receptor Modulators (“SARMs”) and 

DMAA;

2. For an award of compensatory damages to be proven at trial in accordance 

with 15 U.S.C. § 1117;

3. For an award of any and all of Defendant’s profits arising from the 

foregoing acts in accordance with 15 U.S.C. § 1117 and other applicable 

laws;

4. For restitution of Defendant’s ill-gotten gains;

5. For treble damages in accordance with 15 U.S.C. § 1117;

6. For punitive damages;

7. For costs and attorneys’ fees; and

8. Any other relief the Court may deem appropriate.

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 11 of 13
11

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

RESPECTFULLY submitted this 23rd day of January, 2018.

MIRANDA LAW FIRM

By: /s/ Daniel L. Miranda

Daniel L. Miranda

Attorneys for Plaintiff

NUTRITION DISTRIBUTION, LLC

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 12 of 13
12

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury.

DATED: January 23, 2018

MIRANDA LAW FIRM

By: /s/ Daniel L. Miranda

Daniel L. Miranda

Attorneys for Plaintiff

NUTRITION DISTRIBUTION, LLC

Case 2:18-cv-00243-SPL Document 1 Filed 01/23/18 Page 13 of 13