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Federal court enjoins Hologenix, LLC from making false advertising
claims about Celliant’s FDA approval

LOS ANGELES–(BUSINESS WIRE)–Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated,
national professional services firm, yesterday secured a significant
victory on behalf of its client, Multiple Energy Technologies, LLC. Hon.
Percy Anderson of the U.S. District Court in Los Angeles found that MET,
maker of bioceramic powder Redwave®, was likely to succeed in its claim
that Hologenix, LLC, had issued false advertising about its product, the
bioceramic fiber Celliant®.

MET’s suit alleges that since 2017, Hologenix has been falsely claiming
Celliant has Food and Drug Administration approval, giving the product
an unfair competitive advantage. Hologenix has engaged in a widespread
social media campaign using the hashtag “#FDAapproved,” and its CEO
declared publicly that the company had sought and obtained FDA approval
for Celliant.

Judge Anderson found that MET’s suit is likely to succeed in proving
that Hologenix’s false statements have a tendency to deceive, and that
MET has been injured by those false advertisements through the loss of
its business relationships. The Court found that Hologenix’s statements
were “literally false,” and issued an injunction barring Hologenix from
making any statement on its website, on its social media platform or to
any member of the press “that the Food and Drug Administration has
‘approved’ Hologenix’s product Celliant for any use.”

“By claiming that the FDA approved Celliant when it had not, Hologenix
engaged in exactly the sort of conduct that the Lanham Act and other
federal laws are designed to prevent,” said Barry W. Lee, a partner with
Manatt who represented MET. “We are gratified by the court’s holding
that Hologenix’s campaign contained ‘literally false commercial
statements’ and have a ‘tendency to deceive’.”

About Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP, is one of the nation’s leading law and
consulting firms, with offices strategically located in California (Los
Angeles, Orange County, Palo Alto, San Francisco and Sacramento), New
York (New York City and Albany), Chicago, Washington, D.C. and Boston.
The firm represents a sophisticated client base—including Fortune 500,
middle-market and emerging companies—across a range of practice areas
and industry sectors. For more information, visit https://www.manatt.com/.

Contacts

Angel Fahy, 212.704.1994
Manatt, Phelps & Phillips, LLP