Gary Null Said One of His Own
Products Nearly Killed Him
Stephen Barrett, M.D.
Gary Null is suing the manufacturer of Gary Null's Ultimate Power Meal. The original complaint, shown below, alleged:
- The product was produced with 1,000 times as much vitamin D as it should have. By consuming two servings a day, Null consumed 60 million IU during the month he used the product.
- Null began having severe symptoms in December 2009 and believes he nearly died from kidney toxicity.
- It took three months to "get his blood seemingly back to where he was able to function, but he continued to occasionally urinate blood."
- While he was ill, Null "had dozens of his customers calling him, as well as threatening and condemning him," and six users of the product were hospitalized with severe kidney damage.
Null's Web sites have posted at least three reactions to publicity about the suit. One said that he was "completely and totally healthy and everything is fine." Another said that "none of the retail product reached the market" and he had "returned to complete health." But after a Los Angeles Times blog noted that these statements contradicted what the lawsuit said, he replaced them with one that said he was "feeling substantially better." Two weeks after filing his original complaint, he filed an amended complaint that omitted all of the allegations related to his own alleged illness. That same day, he, his company, and the product suppliers were sued by a man who developed nausea, vomiting, mood swings, headaches, severe cramping, pain, and fatigue after using the product.
Null is one of the nation's leading promoters of dubious treatment for serious disease. He has refused to answer several questions about his credentials. It should be interesting to see what the legal proceedings uncover.
SUPREME COURT OF THE STATE OF NEW YORK
Case No.: 10601070
Filed Apr 26, 2010
Plaintiffs, GARY NULL & GARY NULL & ASSOCIATES, by their undersigned counsel LESLIE E. FOURTON. ESQ., alleges as and for their Complaint against Defendant, Triarco Industries, Inc., respectfully alleges as following:
I. This tortious action arises out of the manufacturing defect of a dietary food supplement product, Gary Null's Ultimate Power Meal, thereby mixed, and manufactured by Triarco Industries, Inc. Gary Null's Ultimate Power Meal. is a dietary food supplement product created by Gary Null & Gary Null & Associates. Inc., which is a company that provides premium dietary & nutritional supplements to their consumers, along with books, vitamins and pedagogical materials by Dr. Gary Null. Triarco Industries., Inc., is a leading supplier of premium natural ingredients for the health, and nutritional industries that improperly mixed, inadequately tested, improperly manufactured, participated in the distribution thereof, of the placement into the marketplace of this product for the Plaintiff, namely Gary Null's Ultimate Power Meal. which due to the Defendant's careless neglect, caused significant medical damages and human suffering (both economic and non-economic), to Gary Null & Associates., Inc., their consumers who suffered severe negative medical damages, and its founder and President, Gary Null. who also suffered similarly, both mentally and physically, by way of the Defendants not performing the required proper scientific assay analysis and testing. (e.g. as advertised or promised), so as to prevent such severe medical damages to humans. Here, the Defendant inadequately tested, the aforementioned product, which caused .severe pecuniary damages to Gary Null's professional reputation. and the professional reputation of Gary Null & Associates. Inc., along with significant loss ot' business such as, but not limited to, sales of products, thereof.
2. The manufacturing defects of Gary Null's Ultimate Power Meal created substantial and irreparable damages. More specifically, since 2009, the Plaintiffs consumers were purchasing, along with Gary Null and Gary Null &. Associates, Inc., was both selling and utilizing Gary Null's Ultimate Power Meal, whereby they suffered severe negative medical conditions, due to an overwhelming abundance of Vitamin D that they placed in their personal systems, unknowingly. Indeed, upon discovering the aforementioned, Plaintiffs notified Triarco Industries Inc. In addition, it should be noted that the disparaging information, regarding the status of Plaintiff's Product, negatively affected Plaintiffs' standing in the alternative healthcare community, which has threatened to destroy Plaintiffs' reputation, and has adversely affected the livelihood of Gary Null, as well as, the livelihoods of the employees of Gary Null & Associates, Inc,
3. Plaintiffs GARY NULL & ASSOCIATES, INC., (hereinafter, ''GNA'') is a domestic Corporation with offices located at 2307 Broadway, 2ad Floor, New York, N.Y. 10024.
4. Gary Null (hereinafter "NULL") is the President of GNA.
5, Defendant TRIARCO INDUSTRIES INC. (hereinafter. "Triarco"), has Corporate Headquarters that are located in Wayne, New Jersey. with Manufacturing Facilities in Paterson, New Jersey and Green Pond, South Carolina. Triarco is organized under the laws of the State of New Jersey, where it was initially based. Respectfully, Triarco Industries, Inc., claims on the Internet, http://www.triarco com, that they arc, "celebrating over 30 years as a leading supplier of premium natural ingredients for the health and nutritional industries. Dedicated to excellence in both product and service. Triarco is ISO 9001:2008 certified by the National Science Foundation (NSF) and Underwriter Laboratories (UL). Triarco maintains two state-of-the-art manufacturing facilities with pharmaceutical-grade testing capabilities and quality control. With access to the finest raw-source ingredients available world-wide, Triarco offers unsurpassed natural nutrition," Finally, Triarco maintains that. "through our meticulous laboratory testing and extensive range of production capabilities, including specialized granulation and agglomeration, Triacco Captures what is best about nature and delivers an inimitable product."
6. TRIARCO INDUSTRIES, INC., (hereinafter. "Triarco"), has Corporate Headquarters that are located in Wayne, New Jersey, with Manufacturing Facilities in Paterson, New Jersey and Green Pond, South Carolina. On or about December 15,2009. Gary Null's physical condition began deteriorating as NULL was suffering from excruciating fatigue along with bodily pain, and he was so tired he: had to cancel all of his professional commitments such as lectures, counseling and filming. In addition, NULL also began to suffer from extreme cracks, and bleeding from within his feet. NULL had to be in bed with his feet elevated because it was so painful he did not have the strength to walk, NULL finally flew back to New York. where he could see his physician, and on the day he was to visit him he had to .cancel the appointment because the area of his kidneys was so painful he could not sit up properly. In fact, at the lime he was remaining in bed and taking baths in order to attempt to relieve the pain in the area of his kidneys. In addition, NULL continued to take me Ultimate Power Meal aU the while thinking that it would help him, and relieve his condition, instead it made him even worse. Here, when NULL finally managed to get his blood examined. he was very upset to learn his blood was completely unnatural in terms of his normal blood chemistry. At that point, NULL did not know the reason for this near death experience. In fact, if he continued to take this substance his doctor advised him that there was a possibility that he could have died due to the enormity of Vitamin D that was being placed and consumed within his body as he was taking two servjngs a day, which was 2,000,000 IU of Vitamin D a day, and also meant that he had consumed 60,000,000 IU of Vitamin D in under a month as he was taking Ultimate Power Meal, every day.
7. NULL later performed his own analysis, which proved that he could have sustained permanent kidney damage. NULL would later be told that if he had not flown back to New York and seen his doctor, then he could have died within a short period of time. NULL then sequestered himself and fasted only consuming massive amounts of water as he was told mat there was no medical treatment to lower the amount of Vitamin D in his system. In addition, because of the high amount of Vitamin D, his bones were extremely painful, along with his muscles because of the high Vitamin D level. NULL then had to rest and fast as he could not take any medicine to help his body, and it took three months to gel his blood seemingly back to where he was able to function. Even now, NULL's condition is questionable as he continues to occasionally to urinate blood. Unfortunately, there is no medical treatment for this as it is a matter of waiting, watching, and observing what develops next, as such..
8. In addition, NULL's aforementioned experience is a mere example of what every consumer who has fallen prey to this product with its manufacturing defect due to inadequate safety testing, has experienced. In fact, six consumers were hospitalized with severe kidney damage(s), and NULL in the midst of all this, while he was suffering in bed, had dozens of his customers calling 'him, along with condemning and threatening him. In fact, they threatened that they would never buy any product of his ever again. NULL, incredibly, never let his consumers know that he also was very sick. as well. Additionally, NULL also suffered severe mental strain due to his position, and from learning of his consumer's severe negative medical disorders. Here, once Plaintiffs began to receive complaints of consumers that were in the hospital with kidney damage with elevated levels of Vitamin D, (and Calcium), NULL immediately notified Archon Vitamin Corporation ("Archon", e.g. an affiliated corporation of the defendant, Triarco). NULL then immediately had to contact each one of his consumers, and attempt to help them as best he could by explaining what had happened regarding the improperly mixed Vitamin D within Ultimate Power Meal because up to that point in time, they were still not aware of the problem that the defendants had caused due to their improper mixing of the aforementioned product.
9. NULL, in fact, notified Archon Vitamin Corporation ("Archon," e.g. the affiliated corporation of the defendant, Triarco), of the problem, and it took several days before Archon was able to determine that the problem was in fact the improper levels of Vitamin D. The Vitamin D was supplied by Triarco to Archon Vitamin Corporation; but when asked how 1,000,000 units of Vitamin D got placed into a single serving, no one had a credible answer. In fact, according to the label the amount of Vitamin D per serving should have been 1000 IU; but, as previously stated, was 1,000,000 IU. In addition. when Archon Vitamin corporati4 informed NULL that it was Triarco that had supplied the Vitamin D, we were entirely surprised as he did not know of Triarco's existence up to that point in time. In fact, only when we asked to speak with the director of Triarco did we learn of this discrepancy. Here, during this period of time Archon Vitamin Corporation and Triarco did their recall and notified the FDA. Archon Vitamin Corporation, and Gary Null & Associates, Inc., made every effort to locate every product; but, still there was not an acceptable answer as to how an error of this magnitude could have ever occurred, on three separate occasions. Upon examining Triarco's web-site. one of the features was that Triarco' s quality assurance for customers, was of performing proper laboratory assays so as to always perform proper adequate safety tests for all of their materials and products, and to also provide a detailed analysis of their products for safety. But, to NULL's disappointment what they were advertising versus what they actually provided was diametrically opposed. In fact, Defendant had three separate occasions to determine whether what they were shippng to Archon Vitamin Corporation was indeed a 1,000 unit per serving of Vitamin D, and had they done that even once, this disaster could not have occurred.
10. Here, the only fortunate moment for NULL was the fact that Gary Null's Ultimate Power Meal was not used for a very long period of time by thousands of people because some of NULL's products are literally used by tens of thousands of people. In fact, at no time, did NULL receive a written or personal apology from the owners of Triarco (or the scientists) who made the mistake from the company. NULL was surprised to find out that the person that we usually communicate with concerning all issues pertaining to NULL's company. and Archon Vitamin Corporation, President Christopher Rohde's father, owned Triarco.
11. In addition, Defendant created a product ingredient with full knowledge that it had not been adequately tested nod assayed for potency. As this was a new product with a major promotional effort that according to their own web-site they prided themselves in doing these comprehensive assays. Therefore, to bring a new product to market, which contained multiple ingredients showed a complete disregard for the ultimate safety to the consumers of that product. Additionally, upon testing the product at an independent laboratory it was determined that the essential ingredients for the product were either not within the product at all, or far below their labeled claims. We were concerned that Mr. Rohde's father owned this company. and the company should have done the assay prior to giving the ingredients to Archon Vitamin Corporation. and they failed to do so on three separate occasions. Additionally, Triarco would have known that two nutritional ingredient Vitamin D3, and Selenium could prove extremely dangerous causing severe adverse effects if consumed in high doses. Here. it is axiomatic that proper manufacturing standards would dictate to check the actual potency of these ingredients in all circumstances and for any customer. in order to abide by industry standards and to abide by Triarco's assertions on their web site, namely "Triarco maintains two state-of-the-art manufacturing facilities with pharmaceutical-grade testing capabilities arid quality control," and that "Triarco maintains that, "through our meticulous laboratory testing and extensive range of production capabilities, including specialized granulation and agglomeration, Triarco Captures what is best about nature and delivers an inimitable product." Clearly, this was not performed. Therefore, intentional negligence led to these serious consequences. Repeatedly, NULL asked why the defendant did not assay Gary Null's Ultimate Power Meal, as promised, and NULL never received a satisfactory answer. When asked to speak directly with the scientist who was responsible for formulating the Vitamin D3. Plaintiffs were told that it was impossible to speak with him.
12. In addition. Plaintiffs have not been given any information. as to why the product was not tested or assayed, which leaves us no choice, but to speculate that one of the probable reasons it was not assayed was to save money, in which case it is more than gross negligence as it then becomes a fraud. We believe that if constitutes a fraud because in several meetings with the President of Archon Vitamin Corporation. Christopher Rohde, in person as well as on the telephone, NULL explained to Christopher Rohde repeatedly. that all of Null's product agreements must meet label's claims on each individual product. In response, Mr. Christopher Rohde, assured Plaintiffs that all of their products met labels claims. But, this was clearly not true, and Christopher Rohde must have known that this was not true. Thus, NULL was deceived because at any time had he been informed that he was receiving a potentially toxic ingredient, NULL would have immediately cancelled the order. In fact, in the presence of NULL's counsel. at a meeting in NULL' s office with President of Archon, Chris Rohde, and Phil Vigeant, a senior member of the Board of Directors of Archon (and both Mr. Rohde and Mr. Vigeant are affiliated with Triarco), they were informed by NULL that the consumer watch dog groups were randomly taking health food supplementsa off of the shelves of stores, and regularly assaying them, and NULL again was emphatic as one of the best known, and res~cted ex.perts in the field of health, and nutrition that it was imperative that GNA not be attacked for not having the correct potency of every ingredient in NULL's products. and NULL was given that absolute assurance by Mr. Rohde and Mr. Vigeant. Here, NULL has discovered that on three separate occasions, the manufacturer of Vitamin D did not assay the product, and therefore could have no guarantee for its potency, and purity; thereby, placing everyone at risk for adverse reactions. and possible death. Therefore, in addition to the other aforementioned offenses a significant fraud was probably committed.
AS AND FOR A FIRST CAUSE OF ACTION
(Strict Products Liability)
13. Plaintiffs hereby adopt and incorporate by reference the allegations contained in paragraphs 1 through 12 of his Complaint as if fully set forth herein.
14. Plaintiff is a domestic corporation with a principal place of business at 2307 Broadway. City of New York. County of New York, New York.
15. This Court has jurisdiction over this action with respect to the Defendant pursuant to New York CPLR 302 because Defendant transact business within the state. and committed a tortious act without the state causing injury to 8 person or property within the state.
16. At all relevant times, defendant mixed. manufactured, and participated in the Aforementioned, and placing on the market, Gary Null's Ultimate Power Meal.
I7. On or about December IS, 2009, Gary Null's physical condition began deteriorating as NULL was suffering from the use of Gary Null's Ultimate Power Meal, experiencing excruciating fatigue along with bodily pain. and he was so tired he had to cancel all of his professional commitments. such as lectures, counseling and filming. NULL also began to suffer from extreme: cracks. and bleeding from within his feet from Gary Null's Ultimate Power Meal, which was mixed, manufactured, inadequately tested, and distributed by the Defendant.
18. Upon information and belief, prior to December 15,2009, the Defendant manufactured (or parts thereof, the above-mentioned, namely, Gary Null's Ultimate Power Meal.
19. Upon information and belief, Gary Null's Ultimate Power Meal was mixed. inadequately tested. manufactured and placed or. the market by the Defendant, or by way of the Defendant.
20. The Defendant was doing business for the purpose of mixing. testing, manufacturing, constructing and selling premium natural ingredients for health, and nutritional products such as Gary Null’s Ultimate Power Meal.
21. On or about December 15, 2009, Gary Null was regularly performing lectures, counseling and filming, when he was using the toxic batch of Gary Null's Ultimate Power Meal and due to the defective condition of Ultimate Power Meal that he received by way of Archon Vitamin Corporation, and Triarco (e.g. they are virtually intertwined in their corporate structure), Gary Null and Gary Null & Associates, Inc., sustained serious and perhaps permanent injury.
22. Plaintiffs suffered injury to their business, and professional reputations within their community, and within the alternative healthcare community.
23. The product was in a defective condition whb it left the control of the Defendant, and was expected to, and did reach the hands of consumers. and users without substantial change in the condition in which it was sold.
24. The Plaintiffs were unaware of any defect in Gary Null's Ultimate Power Meal.
25. Upon information and belief, at all relevant times. Gary Null's Ultimate Power Meal was being used for the purpose and in the manner for which it was normally intended.
AS AND FOR A SECOND CAUSE OF ACTION
26. Plaintiff fully repeats paragraphs I through 25 as if fully set forth herein.
27. Upon information and belief. Defendant is known as a leading supplier of premium natural ingredients for the health and nutritional industries. Dedicated to excellence in both product and service, Triarco is ISO 9001:2008 certified by the National Science Foundation (NSF) and Underwriter Laboratories (UL).
28. During all relevant times, Defendant was in the business of, among other things, manufacturing, testing, and distributing premium natural ingredients for the health and nutritional industries
29. Defendant knew or should have known that the product that the product was dangerous, and capable of causing severe injuries, and possible death to human beings.
30. On or about December 15. NULL was utilizing the product Gary Null's Ultimate Power Meal in a manner that was consistent with its intended. and foreseeable purposes. NULL was working as the President of Gary Null & Associates, Inc., in his professional capacity giving his injuries, counseling. and filming, when he became seriously ill from the aforementioned product. and had to cancel all of his professional activities. as previously stated; as he was unable to continue his work due to his illness from using Gary Null's Ultimate Power Meal.
31. The Defendant negligently manufactured, improperly mixed, inadequately tested and distributed Gary Null’s Ultimate Power Meal, failed to warn of its inherent danger of the product with improper amount of Vitamin D, and failed to provide the Plaintiff with adequate safety testing for the product (e.g. scientific assays), along with the necessary and proper. amount of Vitamin D, thereof.
32. On or about December 15, 2009, Plaintiff's were severely injured, both economically and non-economically (e.g. physically and mentally), due to Gary Null's Ultimate Power Meal that was improperly mixed, manufactured, inadequately tested and distributed by the Defendant Here, the Defendant improperly mixed the product because they admittedly used an incorrect amount of Vitamin D (Cholecalciferol)(e.g. 1,000,000 IU instead or what was stated on the label, namely 1,000 IU), which not afford the necessary. and proper protection of such product with that what was required to adequately protect both Plaintiffs, and their consumers with proper adequate safety testing so as to perform tne ruoccssary scientific assays adequately, and to properly protect consumers from accidentally taking Gary Null’s Ultimate Power Meal with 1.000,000 IU of vitamin D.
33. Plaintiffs suffer and will continue to suffer bodily pain, and severe mental anguish as the result of his injuries along with severe economic duress such as, but not limited, loss and interruption sales for GNA' s business.
34. By reason of me above, Plaintiffs future well-being happiness, social and professional life, earning capacity, and ability to pursue normal activities have been adversely affected.
35. Plaintiffs have been and may continue to be required to expend substantial sums of money for appropriate medical care and business related matters such as, but not limited to, opportunity costs thereof.
36. Defendant, its agents, servants and/or employees, were negligent in the mixing, inspecting, testing, and manufacture of Gary Null’s Ultimate Power Meal.
37. The injuries described above were caused solely by the negligence of the Defendant. Plaintiffs in no way contributed to their injuries.
38. As It result of the Defendant's negligence, the Plaintiffs were severely injured.
AS AND FOR A THIRD CAUSE OF ACTION
(Breach of Express warranties)
39. Plaintiff repeats .paragraphs 1 through 38.
40. The Defendant, in mixing, testing, manufacturing, and placing on the market a product known as Gary Null’s Ultimate Power Meal, impliedly warranted to Plaintiffs, as a foreseeable user, that the product was reasonably safe, and wholesome and fit for the purpose for which it was intended, and that it was of merchantable quality.
41. Gary Null's Ultimate Power Meal had not been adequately before it was marketed, and the Defendant’s representations with respect to its safety for use by human beings was false.
42. The Plaintiffs relied upon the skill, And judgment of the Defendant, when, in fact, the product. Gary Null’s Ultimate Power Meal. Was not safe, and wholesome and fit for the purpose for which it was allegedly manufactured, and wasn’t of merchantable quality, inl that the use thereof caused the Plaintiff to sustain the above mentioned personal injuries and damages (e.g. economic sod physical) thereof.
AS AND FOR A F'OURTH CAUSE OF ACTION
(Breach of implied Warranties)
43. The Plaintiff repeals paragraphs I through 42.
44. In connection with the sale of Gary Null’s Ultimate Power Meal to Gary Null. Gary Null & Associates, Inc., and their consumers, the Defe¥ant wWed that Gary Null's Ultimate Power Meal was fit for human use and was merchantable.
4:5. The Plaintiff's allowed Gary Null’s Ultimate Power Meal to be used upon them in reliance on the Defendant's warranty.
46. The Defendant's warranty was false in that improperly mixed, inadequately tested, Manufactured, and distributed, and Gary Null’s Ultimate Power Meal was not fit for human use, and could have possibly caused death; therefore, was not merchantable.
47. Consequently, the Plaintiff’s have been substantially damaged.
AS AND FOR A FIFTH CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
48. The Plaintiff repeats paragraphs 1 through 47.
49. At all relevant times, Defendants were exclusively mixing, manufacturing and distributing Gary Null's Ultimate Power Meal for Plaintiffs.
50. At all relevant times, Plaintiffs utilized the services of the Defendant whereby the Plaintiffs were injured, as previously stated, on or about December 15, 2009. both economically and non-economically (e.g. physically and mentally), due to Gary Null's Ultimate Power Meal that was improperly mixed, inadequately tested, manufactured. distributed and placed in the marketplace by the Defendant. Here, as previously stated, the defendant improperly mixed the product with the incorrect amount of Vitamin D (Cholecalciferol)(e.g. 1,000,000 IU instead of 1,000 IU), which did not afford the necessary, and proper protection of such products, with that what was required to adequately protect both Plaintiffs, and their consumers with proper safety testing so as to perform the necessary scientific assays adequately in order to protect people from accidentally taking Gary Null's Ultimate Power Meal with the improper amount of 1,000,000 IU of Vitamin D.
51. On or about December 15, Gary Null’s physical condition worsened significantly thereby experiencing suffering from excruciating fatigue. as he was so tired he had to cancel all of his \professional commitments, such as giving lectures, counseling and filming. NULL. as previously stated. also began to suffer from extreme cracks and bleeding from the skin within his feet. NULL was forced to remain in bed with his feet elevated because the pain he was experiencing from the product was so great, he did not have the strength to walk.
52. Defendant has maliciously embarked on a course of conduct intending to save money by not performing the proper adequate safety testing with scientific analysis (e.g. assays); in addition, causing Plaintiff to suffer mental and emotional distress tension, and anxiety from actually suffering from physical injuries, and injury to their business iad professional reputation(s) within their professional community, and within the alternative healthcare community.
53. As a result of Defendants' actions, Plaintiff has become tense, nervous, irritable, suffered great mental anguish. Anxiety, loss of sleep, loss of weight, and other psychological and physical injuries.
54. As a result of the foregoing causes of action, Plaintiffs are entitled to monetary damages, including. but not limited to, those for harm to Plaintiffs and their reputation(s). The Plaintiff has suffered, and will continue to suffer, damages as a direct result of Defendant's actions in the sum of $10,000,000.00.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff(s) respectfully request judgment from this Honorable Court:
Awarding Plaintiffs' monetary damages, plus interest, under Plaintiffs' cause of action for the above in the amount of $10,000.000.00; and
B. On each of the above Causes of Action, award the named Plaintiff with costs and
disbursements and attorney's fees; and
C. Awarding such other and further relief as the Court deems just and proper.
Dated this 26th day of April, 2010.
GARY NULL & GARY NULL & ASSOCIATES, INC.
LESLIE E. FOURTON, ESQ.
New York. New York 10024
Counsel for Plaintiffs
This page was revised on May 12, 2010.