The company said it was considering legal action in regard to the three online companies it refused to name until it resolved its intended actions.
“These products have been on-market for several months using our trademarks on the products and in their marketing materials,” UAS director of marketing and education, Connie Falkenstein, told NutraIngredients-USA.com.
“We do not even know if the products contain our probiotics or not, but we know we did not sell them to them if they do. We are selective about the companies we deal with and we have never dealt with these companies.”
UAS said if its actions, legal or otherwise, did not elicit a response from the companies then it would consider suing each of the companies for damages, which its legal representatives were in the process of tabulating.
“Although we are trying to bring this situation to a close as quickly as possible , it is in a way flattering that it is happening to us because it indicates that our DDS probiotics are well-regarded and that they are known by the public,” Falkenstein said.
She said it was unlikely the company would officially sell the DDS-1 strains to the companies in question, but such commercial decisions were very much in the hands of the company’s president, Dr S.K. Dash.
“Quality and reputation must be looked after and we are very careful about that,” she said.
DDS strains that are available in the US, Canada, Asia, Australia and Europe include Probioplus DDS, DDS Plus, DDS-100 Acidophilus and DDS Junior.
This article has been amended to reflect the fact that UAS has not issued cease and desist orders to the three companies involved, but is merely considering its legal options.