FOR IMMEDIATE RELEASE
NEWS RELEASE
November 7, 2013
For More Information, contact:
Luther Strange
Joy Patterson (334) 242-7491
Alabama Attorney General
Claire Haynes (334) 242-7351
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AG ANNOUNCES FINAL ORDER AGAINST SPORTS
PERFORMANCE COMPANY FOR UNSUPPORTED, DANGEROUS
HEALTH CLAIMS
(MONTGOMERY) – Attorney General Luther Strange said today’s court order
granting permanent injunctive relief against SWATS Edge Performance Chips LLC is
an important victory to protect the consumers of Alabama from unsupported and
dangerous health claims made by the Birmingham-area sports performance company.
Jefferson County Circuit Judge Caryl Privett has permanently enjoined SWATS
and its principal officers–Mitchell Ross and Christopher Key–from doing business in
Alabama or with Alabama consumers. More specifically, the court permanently barred
the defendants “individually and through any other name” from engaging in the sports
supplement, general nutrition, athletic training, and pain management industries, as a
supplier, seller, or servicer in any consumer transaction, within or from Alabama, or
with Alabama consumers from another location including the internet. Judge Privett
found SWATS and its officers to be in violation of 263 counts of the Alabama Deceptive
Trade Practices Act, as charged by the Attorney General’s Consumer Protection Section
in a civil lawsuit. She also made permanent the previous appointment of a receiver to
safeguard remaining assets and to handle consumer claims against the company.
“I am very pleased by the Court’s decision to issue a final order for the
protection of Alabama’s consumers,” said Attorney General Strange. “The extreme and
even absurd nature of health claims made by this company could be harmful to those
who might rely on these products and believe their health needs were being met. But
even more worrisome were the potential dangers from some of the products
themselves. Our action and the judge’s order should serve as a warning that we will
not allow companies to defraud and endanger the consumers of Alabama. I am proud
of the outstanding work by our Consumer Protection Section to bring this case to a
successful conclusion.” The case was handled by Assistant Attorneys General Noel
Barnes, Kyle Beckman and Cameron McEwen.
In today’s order, the court concluded: “Defendants have engaged in 263
unlawful acts and practices under the Deceptive Trade Practices ActÖThe State has
proven, through its evidence and the testimony of its many expert witnesses, that
Defendants sold mislabeled, misleading, and in some cases, dangerous products to the
public.” The court made a factual finding that numerous SWATS products “were sold
under false pretenses, many of which are troubling to the extreme. Defendants’ Cooling
501 Washington Avenue Montgomery, AL 36104 (334) 242-7300
www.ago.state.al.us Page 2 of 2
Concussion Cap in particular represents a significant dangerÖDefendants’ willful
ignorance and contravention of the laws that protect consumers from sham science and
medicine justifies an order permanently barring them from being involved in these
fields in the future.”
SWATS is a Wisconsin limited liability company that had been doing business in
the Jefferson County city of Fultondale since its formation in 2011. On September 5,
2013, Attorney General Strange filed a civil complaint and a motion for a temporary
restraining order, which was granted that same day. Following a hearing on September
19, a preliminary injunction was granted.
Among the products sold by SWATS were a “Cooling Concussion Cap” that the
Court described as “simply a black compression style “skull cap” intended to be dipped
into cooling liquid; sprays and tablets purporting to contain potent doses of a hormone
produced by deer that is called IGF-1, or insulin-like growth factor, as well as
performance and pain management chips that the court said resembled holographic
stickers.
Consumers and creditors should make claims directly to the Receiver,
GlassRatner Management and Realty Advisors, before a deadline of January 31, 2014.
Claims must be regarding activities or business conducted by SWATS through
September 5, 2013. Claims may be filed through the receivership website,
www.swatsreceivership.com, or by mail or other delivery to SWATS Receivership, c/o
GlassRatner Management and Realty Advisors LLC, 3424 Peachtree Road, Suite 2150,
Atlanta, GA., 30326. Claims must include all documentation and other information and
supportive evidence. It is required that all materials must arrive at Receiver’s office or
website by January 31, 2014.
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