The Green Turtle Bay Vitamin Co. is to be Featured in an on line magazine Body Mind Spirit - April 2003 edition www.saskworld.com/bodymindspirit Kellogg Opposition to SUNNIE™ Trademark Dismissed Summit, NJ: Corporate behemoth, Kellogg Company’s opposition to vitamin company, The Green Turtle Bay’s, SUNNIE™ trademark was dismissed on May 10, 2002. The Green Turtle Bay Vitamin Co., Inc. may now complete the registration process for the Sunnie™ trademark. The SUNNIE™ BRAND includes the Company’s supplement formula designed to given nutritional support for people dealing with stress and depression.
Kellogg Company filed a notice of opposition with the Trademark Trial and Appeal Board stating “it would have been damaged by registration … Application Serial No. 75/380,936, filed October 27, 1997…in the name of The Green Turtle Bay Vitamin Co., Inc. …for the mark SUNNIE and Design.”
“It’s a puzzle to me,” states Karen Horbatt, President of The Green Turtle Bay Vitamin Co. “They claimed the picture of the sun we use on our packaging misleads people into thinking SUNNIE™ is made by Kellogg. Kellogg Company doesn’t even have a product named Sunny or Sunnie,
however you spell it. How can they confuse a product such as SUNNIE™ with a Kellogg product?”
Kellogg submitted drawings of three caricatures of the sun, which are similar to each other, indicating that there are differences in portraitures of the sun, but they certainly do not have the rights to all variations of the sun’s image. “We are happy that this opposition has come to a conclusion and we can now concentrate on our business of helping people live happy and healthy lives,” responded Horbatt. Additionally “We are grateful for the tireless efforts of Ralph Fucetola, a.k.a. the VitaminLawyer.com, for helping us to achieve this just outcome.”
The SUNNIE™ BRAND is part of the Company’s TRILOGY for BRAIN NUTRITION that includes this product along with omega blend Signal369 and PowerSleep.
FDA Allows Name Diabetiks®
August 21, 2001 - Summit, NJ. The Federal Food and Drug Administration, through its Office of Nutritional Products, Labeling and Dietary Supplements, issued a letter ruling today permitting The Green Turtle Bay Vitamin Co. to continue to use its brand name Diabetiks® although it "names" a disease, diabetes, and under former FDA rulings might not have been permitted.
Karen Horbatt, president of the Summit, NJ based nutrient purveyor, stated, "This quick, positive decision on the part of the FDA to permit us to continue the use of our brand name shows that a new awareness is permeating the agency. There is an understanding that dietary supplements have an important role in the nutritional support of people with chronic conditions like diabetes. It shows the FDA is serious about a new approach to nutrient claims, in the new political climate where 'freedom of choice' is not just another slogan. We are very pleased by the FDA action."
Robert J. Moore, Ph.D., Chief of the FDA's Division of Compliance and Enforcement wrote to Ms. Horbatt, "Based on the information in your letter, it appears that the statement you proposed to include in your labeling would adequately address... [our] concerns... The addition of the statement appears to add appropriate context to the labeling to establish that the product is not necessarily intended to treat or mitigate diabetes, but instead is intended to meet specific nutritional needs of persons with diabetes."
The claims statement accepted by the FDA reads, "Intended to supplement nutrient needs of persons with diabetes, addressing certain nutrient deficiencies found in some diabetics, without affecting the blood sugar or treating diabetes."Ms. Horbatt explained that the language had been crafted by the company's attorney, Ralph Fucetola, JD, the renowned Vitamin Lawyer, www.vitaminlawyer.com.
Diabetiks was formulated with the guidance of Richard Podell, MD, clinical professor at New Jersey’s Robert Wood Johnson Medical School. Ms. Horbatt concluded, "We hope that all diabetics and their organizations will feel empowered by this ruling to view proper dietary supplementation as an integral part of managing diabetes."
Press Release
Summit, NJ – December 13, 2000 – The Green Turtle Bay Vitamin Co. (GTB) submitted one of the first health claim petitions under the FDA’s "Interim Enforcement Strategy" announced in October on November 13, 2000 for the product "DIABETIKS." The nutrients in DIABETIKS have been chosen to supplement nutrient needs that have been shown to be deficient in many diabetics. The FDA responded that it has received the petition and will notify GTB whether it will file the petition for comprehensive review or deny the petition by Feb. 23, 2000.
The FDA announced its Interim Enforcement Strategy for health claims on October 6, 2000. The FDA’s previous policies regarding such claims have had to be changed due to the landmark case of Pearson vs. Shallala.
Vitamin lawyer, Ralph Fucetola, JD recommends nutrient purveyors review potential health claims and submit them to the FDA. "While the ultimate regulation may further restrict health claims, during this interim period (and perhaps through ‘grand-fathering," into the future) broad claims may very well be allowed. "Health claims" are claims which are beyond the usual general wellness or maintenance of structure and function claims but are not Medical cure claims. (www.Vitaminlawyer.com).The Green Turtle Bay Vitamin Co. was founded in 1992. It is a member of the NNFA. Richard Podell, MD and clinical professor at the New Jersey’s Robert Wood Johnson Medical School, is the company’s medical advisor.
Exciting New Product News: Salicylate Free Maple MeltsWe have developed a new product for people with sensitivities to salicylates.
This chewable multi-vitamin is great for children with food sensitivities and adults who have difficulty swallowing a tablet. This product was developed with guidance from the Feingold Association. The Feingold Association promotes awareness of the potential role of food and synthetic additives in the treatment of behavior, learning, and health problems. Foods which contain natural salicylates include:
Almonds, apples (also cider and cider vinegar), apricots, all berries, cherries, cloves, coffee, cucumbers & pickles, currants, grapes & raisins (also wine and wine vinegar) nectarines, oil of wintergreen (methyl salicylate), oranges, peaches, peppers (bell & chilies), plums & prunes, tangerines, tea, tomatoes.
The Feingold Association: (http://www.feingold.org)
Box 6550
Alexandria, VA 22306
Tel: 703-768-FAUS
New Director of Marketing The Green Turtle Bay Vitamin Co. announces the appointment of Michele Murphy as Director of Marketing. Michele will be working with Wellness Centers and nutritionally aware medical practitioners. |
