January 27, 2015
American Society of Anesthesiologists® sues BevMD®, maker of Clearfast®, for false claims of product endorsement
(Chicago - January 27, 2015) The American Society of Anesthesiologists (ASA®) announced that on November 18, 2014, it filed suit against the medical beverage company, BevMD, in the United States District Court for the Northern District of Illinois, Eastern Division.
In the complaint, ASA charged that BevMD used ASA’s name and trademarks without permission and made multiple false and misleading statements about the Society, including false claims that ASA had approved and endorsed BevMD’s Clearfast product. Additionally, the suit charged that the company falsely claimed ASA had granted Clearfast the “ASA seal of compliance.” In fact, ASA had never evaluated, tested or approved Clearfast, and the Society does not have a seal of compliance.
ASA CEO Paul Pomerantz said that as a non-profit association, ASA does not test, endorse or approve medical products. “ASA does not endorse medical products. If it did, it would no longer be an unbiased scientific organization,” said Pomerantz. “As the largest professional society of physician anesthesiologists, ASA is dedicated to giving our members the education, research and practice tools they need to serve their patients and their profession.”
The complaint is captioned American Society of Anesthesiologists vs. BevMD, LLC, Case: 1:14-cv-09226.
A copy of the complaint can be found here.
The American Society of Anesthesiologists
Founded in 1905, the American Society of Anesthesiologists (ASA) is an educational, research and scientific society with more than 52,000 members organized to raise and maintain the standards of the medical practice of anesthesiology. ASA is committed to ensuring physician anesthesiologists evaluate and supervise the medical care of patients before, during and after surgery to provide the highest quality and safest care every patient deserves.
To learn more about the role physician anesthesiologists play in ensuring patient safety, visit asahq.org/WhenSecondsCount.