Pruvit has sued Vital Health for alleged infringement of ketosis related patents.

Pruvit is joined in its lawsuit by Axcess Global Sciences, a Texas shell company who licenses use of the patents to Pruvit.

Pruvit is part of LaCore Enterprises, a Texas-based MLM conglomerate owned by Terry LaCore (right).

As far as I can tell, Axcess Global Sciences (AGX) is a Utah registered patent holding company also with ties to LaCore (I suspect but wasn’t able to definitively confirm ownership).

As of October 2024, Axcess Global Sciences has been involved in twenty patent related lawsuits.

Vital Health is an MLM opportunity run through a Wyoming shell company.

Vital Health is run by CEO Tony Rodriguez (right).

Based on its marketing, Vital Health appears to primarily target Spanish speaking consumers with an emphasis on Mexico.

As alleged in Pruvit’s Wyoming District Court September 23rd filed lawsuit;

AGS has developed a line of products containing novel formulations of the health supplement Beta-Hydroxybutyrate (“BHB”).

These products aid the body in producing and sustaining elevated levels of ketone bodies in the blood and assist in the
body’s transition into nutritional ketosis.

Plaintiff is the premier provider of BHB supplements in the United States and around the world.

Plaintiff’s quality products can be found online via its own website, through third-party retailers, and in brick-and-mortar stores across the country like Walmart, Target, Walgreens, CVS, and more.

The Defendant markets, sells, and offers for sale the supplement products known as KETOKAFE-BHB (the “Accused Products”), which infringe the Asserted Patents, in the United States.

The Defendant advertises that the Accused Products are imported into the United States and are distributed by the Defendant from its headquarters in Wyoming.

Pruvit tested Vital Health’s KetoKafe BHB product through a third-party to confirm infringement of its patented BHB composition.

Pruvit alleges that Vital Health selling a BHB supplement in the US infringes on its “exclusive rights in the Asserted Patents”.

As a result of Vital Health’s alleged patent infringement, Pruvit is seeking judgement confirming infringement, an injunction prohibiting further infringement, damages and legal costs.

Vital Health has yet to respond to Pruvit’s filed lawsuit. At time of publication Keto Kafe BHB was still available on Vital Health’s website.

Vital Health isn’t the first MLM company Pruvit and Axcess Global Sciences have gone after for BHB patent infringement.

In 2015 Axcess Global Sciences filed suit against ForeverGreen International for breach of contract and fraud.

In 2019 a settlement was reached, wherein ForeverGreen acknowledged the validity Axcess Global Sciences’ patents.

In 2020 Axcess Global Sciences also announced it had prevailed in patent related litigation filed by NewULife.

New U Life Corporation widely publicized its challenge to the BHB Patent and lost.

The Federal Circuit Action has dismissed New U Life’s case with prejudice.

“With prejudice” means the ruling is final, and New U Life has potential liability for the defendant’s attorney’s fees and financial damage.

Stay tuned for updates as BehindMLM continues to track Pruvit’s and Axcess Global Sciences’ lawsuit against Vital Health.