MusclePharm
{{Short description|American nutritional supplement company}}
{{Multiple issues|
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{{Infobox company
| name = MusclePharm
| logo = File:Musclepharm-logo-150x.jpg
| type = Public
| traded_as = {{OTCQB|MSLP}}
| foundation = Denver, Colorado, USA 2006
| location_city = Las Vegas, Nevada
| location_country = United States
| area_served =
| key_people = Eric Hillman (CEO)
| industry = Dietary supplement
| revenue = $102.16 million (2017){{cite web|title=MusclePharm revenue Company Profile|url=https://craft.co/musclepharm/revenue|website=Craft|accessdate=23 October 2019}}
| homepage = [http://www.musclepharm.com/ MusclePharm Official Website]
}}
MusclePharm Corporation is an American nutritional supplement company founded in 2006, Denver, CO and headquartered in Las Vegas, Nevada.
History
MusclePharm Corporation was incorporated on August 4, 2006. On February 18, 2010, the company acquired Muscle Pharm, LLC, and as a result, MusclePharm then became a wholly owned subsidiary.{{Cite web |last=SECURITIES AND EXCHANGE COMMISSION |first=UNITED STATES |date=May 10, 2013 |title=REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933m |url=https://www.sec.gov/Archives/edgar/data/1415684/000114420413027989/v344372_posam.htm |access-date=2022-08-15 |website=www.sec.gov}} In 2021, MusclePharm named Sabina Rizvi its first president and CFO.{{Cite web |date=2021-04-09 |title=CFOs On the Move: Week Ending April 9 |url=https://www.cfo.com/accounting-tax/2021/04/cfos-on-the-move-week-ending-april-9-2/ |access-date=2022-08-16 |website=CFO |language=en-US}} In 2023, MusclePharm named Eric Hillman CEO.
= Legal disputes and events =
2020
MusclePharm subleased its Burbank, CA office and legally relocated to Calabasas, CA.
2018
In 2018, MusclePharm announced that it was relocating its headquarters from Denver, CO to Burbank, CA as a part of a restructuring deal.{{Cite web |last=nutraingredients-usa.com |title=With restructuring charges put to rest, MusclePharm's turnaround plan gains credence |url=https://www.nutraingredients-usa.com/Article/2018/04/23/With-restructuring-charges-put-to-rest-MusclePharm-s-turnaround-plan-gains-credence |access-date=2022-08-16 |website=nutraingredients-usa.com |date=23 April 2018 |language=en-GB}}
2016
Protein supplement maker Hi-Tech Pharmaceuticals sued MusclePharm for artificially inflating the level of protein in its Arnold Schwarzenegger Series Iron Mass product - claiming MusclePharm lied to consumers about the amount of actual protein in the product, violating federal competition and state consumer protection laws.[http://www.law360.com/articles/795039/supplement-co-says-rival-s-protein-quality-claims-are-false] Supplement Co. Says Rival's Protein Quality Claims Are False
MusclePharm was sued by Capstone Nutrition for breach of contract. Capstone alleged that MusclePharm has breached the parties' manufacturing contract and is seeking $65 million in damages.[http://www.nutraingredients-usa.com/Manufacturers/Capstone-files-65-million-suit-against-MusclePharm/?c=WfNw0lzyXa9Hz49Z2qUiV5aHc2tIpx2S&p2&k=FNU-BBA-AMERICAS-NONGMO%2CFNU-BBA-AMERICAS-GLUTENFREE%2CFNU-BBA-AM-CLEANLABEL%20mailshot%2CFNU-BBA-AM-GLUTENFREE%2CFNU-BBA-AM-GLUTENFREE%20mailshot%2CFNU-BBA-AM-SALTREDUCTION%2CFNU-BBA-AM-SALTREDUCTION%20mailshot%2CFNU-BBA-AM-NONGMO%2CFNU-BBA-AM-NONGMO%20mailshot%2CFNU-BBA-AM-GRAINS%2CFNU-BBA-AM-GRAINS%20mailshot%2CFNU-BBA-AM-CLEANLABEL]{{Dead link|date=August 2023|bot=InternetArchiveBot|fix-attempted=yes}} Capstone files $65 million breach of contract suit against MusclePharm
2015
MusclePharm signed a development and manufacturing supply agreement with Capstone Nutrition and purchased a 20% interest in Capstone's parent company (INI).[http://www.heraldonline.com/incoming/article12702977.html Capstone Nutrition and MusclePharm Sign Strategic Supply Agreements] {{webarchive|url=https://web.archive.org/web/20150313162016/http://www.heraldonline.com/incoming/article12702977.html|date=2015-03-13}} at The Herald; published March 4, 2015; retrieved March 16, 2015
MusclePharm was charged by the U.S. Securities and Exchange Commission with infractions related to a multitude of accounting and disclosure violations. The investigation had found that MusclePharm failed to report, or grossly misrepresented, approximately $500,000 in benefits paid to three current or former executives and chairmen. The SEC also discovered that MusclePharm issued stock without a registration statement when it entered into numerous transactions with third parties that agreed in exchange for company shares to pay cash to MusclePharm vendors. MusclePharm owed vendors approximately $1.1 million in outstanding invoices and was short on funds to pay them the money.{{cite web|last1=|first1=|title=SEC Charges Sports Nutrition Company With Failing to Properly Disclose Perks for Executives|url=https://www.sec.gov/news/pressrelease/2015-179.html|accessdate=9 September 2015|publisher=SEC.gov}}
2014
MusclePharm acquired BioZone Laboratories, which included its facility in Richmond, California.[http://innovationews.com/science/bioscience/musclepharm-to-acquire-biozone-pharmaceuticals-bring-faster-absorption-of-nutrition-products/ MusclePharm to acquire BioZone Pharmaceuticals, bring faster absorption of nutrition products] at InnovatioNews; by InnovatioNews; published November 14, 2013; retrieved August 8, 2014 This acquisition included BioZone's QuSomes, HyperSorb and, EquaSome technologies, as well as various lines of products including the Arnold Schwarzenegger series in 2013. The acquisition was finalized in late 2013. MusclePharm sold Biozone to Valencia, CA-based Flavor Producers for $9.8 million in April 2016.{{cite web|last1=House|first1=Douglas W|date=April 27, 2016|title=MusclePharm jettisons BioZone for as much as $9.8M|url=https://seekingalpha.com/news/3176179-musclepharm-jettisons-biozone-much-9_8m|accessdate=July 22, 2017|website=Seeking Alpha}}
2013
MusclePharm Corp. announced plans to buy back $5 million of all common stock in December 2013.[https://online.wsj.com/article/PR-CO-20131210-907033.html MusclePharm Announces New $5 Million Share Repurchase Program] at The Wall Street Journal; published December 10, 2013; retrieved August 8, 2014 In 2013 MusclePharm Corporation completed a $12 million registered direct offering of its Series D Convertible Preferred Stock.[https://finance.yahoo.com/news/musclepharm-completes-12-million-offering-130000936.html MusclePharm Completes $12 Million Offering of Series D Convertible Stock] at Yahoo! Finance; published February 5, 2013; retrieved August 8, 2014 The Frost Group, LLC, headed by Miami entrepreneur, and billionaire, Phillip Frost, was the lead investor in the offering and elected to increase its previously announced investment in the offering to a total of $2.9 million.[http://www.pehub.com/2013/01/musclepharm-closes-4-1m-offering/ MusclePharm Closes $4.1m Offering] at Reuters PE Hub; published January 29, 2013; retrieved August 8, 2014
2012
Marina Ventures sought to force MusclePharm's sale of 21 million shares of common stock.
Inter-Mountain Capital sued MusclePharm for alleged failure to sell, seeking damages of $4 million.[http://dockets.justia.com/docket/colorado/codce/1:2012cv01222/133216/ Marina Ventures LLC v. MusclePharm Corporation]
John's Lone Star Distribution alleged in a suit that MusclePharm entered into illegal price discrimination contracts with a Lone Star competitor with the intention of removing Lone Star from the market.[http://dockets.justia.com/docket/texas/txedce/4:2012cv00271/136985/ John's Lone Star Distribution, Inc. v. MusclePharm Corporation]
NSF International notified the public that a MusclePharm product improperly bore the "NSF Certified for Sport" mark.[http://www.nsfsport.com/mp_public_notice.pdf NSF Public Notice] In December 2013, NSF launched a lawsuit against MusclePharm[http://www.rfcexpress.com/lawsuits/trademark-lawsuits/michigan-eastern-district-court/660520/nsf-international-a-michigan-not-for-profit-corporation-v-musclepharm-corporation-a-nevada-corporation/summary/ NSF International, a Michigan Not-for-Profit Corporation v. Musclepharm Corporation, a Nevada Corporation ] {{webarchive|url=https://archive.today/20140103164057/http://www.rfcexpress.com/lawsuits/trademark-lawsuits/michigan-eastern-district-court/660520/nsf-international-a-michigan-not-for-profit-corporation-v-musclepharm-corporation-a-nevada-corporation/summary/|date=2014-01-03}} and declared that MusclePharm is not authorized to use any NSF certification marks, to claim that any of its products are certified by NSF, or to claim that they have been manufactured in an NSF GMP certified or registered facility.[http://www.nsf.org/regulatory/certification-enforcement-actions Certification Enforcement Actions]
The Tawnsaura Group sued MusclePharm for patent infringement.{{Cite web |url=http://news.priorsmart.com/tawnsaura-group-v-musclepharm-l6Gn/#pat-5874471 |title=The Tawnsaura Group, LLC v. Musclepharm Corporation |access-date=2012-12-21 |archive-date=2013-10-31 |archive-url=https://web.archive.org/web/20131031162710/http://news.priorsmart.com/tawnsaura-group-v-musclepharm-l6Gn/#pat-5874471 |url-status=dead }}
2011
Environmental Research Center (ERC) filed a notice of intent to start litigation against over 200 nutrition and supplement companies, including MusclePharm, alleging violations of California Proposition 65.[http://sec.edgar-online.com/musclepharm-corp/s-1-securities-registration-statement/2012/10/26/section21.aspx Excerpt from a S-1 SEC Filing, filed by MUSCLEPHARM CORP on 10/26/2012]
I'm a lawsuit, ThermoLife claimed that MusclePharm infringed ThermoLife's patent on amino acid compounds including creatine nitrate.[http://patentdocs.typepad.com/files/2012-02-01-thermolife-v.-musclepharm.pdf ThermoLife International LLC v. MusclePharm Corporation]
2006
MusclePharm was first incorporated.
Ownership
MusclePharm is a publicly traded company (ticker symbol MSLP). .{{Cite web|url=https://seekingalpha.com/symbol/MSLP/earnings|title=MusclePharm Corporation (MSLP) Earnings Report}}
References
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