Pruvit is going after another MLM company over ketone supplement patents, this time targeting Vital Health for allegedly copying its BHB formula.
The lawsuit, filed in Wyoming District Court on September 23rd, names both Vital Health and Axcess Global Sciences, a Texas patent-holding company that licenses the technology to Pruvit. Behind the scenes sits LaCore Enterprises, a Texas-based MLM conglomerate owned by Terry LaCore that counts Pruvit among its holdings. Axcess Global Sciences appears connected to LaCore as well, though definitive ownership records remain unclear.
Vital Health operates as an MLM through a Wyoming shell company and targets Spanish-speaking consumers, particularly in Mexico. The company's founder and CEO, Tony Rodriguez, has built the operation around importing and selling supplements from its Wyoming headquarters.
According to the lawsuit, Pruvit developed novel formulations of Beta-Hydroxybutyrate—a supplement designed to help the body produce and maintain elevated ketone levels for nutritional ketosis. Pruvit claims it dominates the US BHB market, with products sold through major retailers including Walmart, Target, Walgreens, and CVS, plus numerous online channels.
Vital Health's KetoKafe BHB product triggered the legal action. Pruvit paid for third-party testing to confirm what it alleges is direct infringement of its patented BHB composition. The company is seeking a judgment confirming infringement, an injunction to stop sales, plus damages and legal fees. As of publication, KetoKafe BHB remained available on Vital Health's website. The company has yet to respond to the lawsuit.
This isn't Pruvit's first rodeo in the patent wars. Axcess Global Sciences has become a prolific litigant in this space, involved in twenty patent-related lawsuits as of October 2024. In 2015, the company sued ForeverGreen International for breach of contract and fraud over BHB patents. That case settled in 2019 with ForeverGreen acknowledging the validity of Axcess Global Sciences' patents.
The company also claimed victory in 2020 against NewULife, which had publicly challenged the BHB patent and lost. That litigation track record suggests Pruvit and its patent licensor have muscle when it comes to defending their BHB formulations in court.
Whether Vital Health will fight the claims or follow ForeverGreen's path toward settlement remains to be seen. But the pattern is clear: Axcess Global Sciences has turned patent enforcement into a core business, and any MLM competitor selling a similar BHB product appears to be in their crosshairs.
🤖 Quick Answer
Who is suing Vital Health for patent infringement?Pruvit, a multilevel marketing company, filed a lawsuit against Vital Health in Wyoming District Court on September 23rd, alleging patent infringement related to ketone supplement formulas. The case also names Axcess Global Sciences, a Texas patent-holding company that licenses technology to Pruvit.
What is the core allegation in the lawsuit?
Pruvit alleges that Vital Health copied its BHB ketone supplement formula without authorization. The complaint targets both Vital Health and Axcess Global Sciences, with LaCore Enterprises, a Texas-based MLM conglomerate, connected to the patent-holding company.
How does Vital Health operate as a business?
Vital Health operates as a multilevel marketing company through a Wyoming shell corporation, primarily targeting Spanish-speaking consumers, particularly in Mexico. The company was founded
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