MusclePharm: Difference between revisions

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In September 2011, it was reported that MusclePharm's executive vice president, Leonard Armenta, had resigned after accusations from the MMA fighter [[Quinton "Rampage" Jackson]] that there was a spy in his camp in the lead up to [[UFC 135]]. Jackson accused his opponent [[Jon Jones]] of having a spy at his training camp in Denver, Colorado, in the buildup to the bout. In an interview with ESPN's SportsCenter, Jackson said MusclePharm released an employee named "Leonard" and accused him of acting as a spy for Jones.<ref>[http://usatoday30.usatoday.com/sports/mma/post/2011-09-23/rampage-jackson-names-alleged-spy/548693/1 USA Today: 'Rampage' Jackson names alleged spy]</ref><ref>[http://www.fightline.com/fl/news/2011/0923/544800/quinton-rampage-jackson/ 'Rampage' Jackson Outs Spy Just Hours Before UFC 135]</ref>
 
In March 2012, [[NSF International]] notified the public that a MusclePharm product improperly bore the "NSF Certified for Sport" mark.<ref>[http://www.nsfsport.com/mp_public_notice.pdf NSF Public Notice]</ref> In December 2013, NSF launched a lawsuit against MusclePharm<ref>[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.is/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 }}</ref> 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.<ref>[http://www.nsf.org/regulatory/certification-enforcement-actions Certification Enforcement Actions]</ref>
In September 2012, The Tawnsaura Group sued MusclePharm for [[patent infringement]].<ref>[http://news.priorsmart.com/tawnsaura-group-v-musclepharm-l6Gn/#pat-5874471 The Tawnsaura Group, LLC v. Musclepharm Corporation]</ref>
 
In October 2012, MusclePharm discontinued use of BEAST Sports' trademarks including "Beast" and "Beast Mode" after MusclePharm’s unauthorized use.<ref>[http://www.equities.com/news/news-headline-story?dt=2012-10-07&val=565636&d=1&cat=headline MusclePharm Taps Out as Beast Sports Nutrition Prevails in Trademark Infringement Suit] {{webarchive|url=https://web.archive.org/web/20121115050538/http://www.equities.com/news/news-headline-story?dt=2012-10-07&val=565636&d=1&cat=headline |date=2012-11-15 }}</ref>
 
MusclePharm Corp. announced plans to buy back $5 million of all [[common stock]] in December 2013.<ref>[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</ref> In 2013 MusclePharm Corporation completed a $12 million registered direct offering of its Series D Convertible Preferred Stock.<ref>[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</ref> The Frost Group, LLC, headed by [[Miami]] [[entrepreneur]], [[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.<ref>[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</ref>
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In January 2014, MusclePharm acquired BioZone Laboratories, which included its facility in [[Richmond, California]].<ref>[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</ref> 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.<ref name="PR_042716">{{cite web|last1=House|first1=Douglas W|title=MusclePharm jettisons BioZone for as much as $9.8M|url=https://seekingalpha.com/news/3176179-musclepharm-jettisons-biozone-much-9_8m|website=Seeking Alpha|accessdate=July 22, 2017|date=April 27, 2016}}</ref>
 
In September 2014, MusclePharm entered into a revolving credit facility with [[Amarillo National Bank]] for $8 million.<ref>[http://www.abladvisor.com/news/5461/musclepharm-enters-into-8mm-credit-facility-with-anb-bank MusclePharm Enters Into $8MM Credit Facility With ANB Bank] at ALB Advisors; published September 18, 2014; retrieved October 15, 2014</ref> By the end of 2014, MusclePharm reported a $67 million net revenue earning. Net sales in the fourth-quarter alone were in excess of $32 million.<ref>[http://money.cnn.com/news/newsfeeds/articles/marketwire/1181973.htm MusclePharm Reports 2014 Fourth-Quarter and Full-Year Financial Results] {{webarchive|url=https://web.archive.org/web/20150320033600/http://money.cnn.com/news/newsfeeds/articles/marketwire/1181973.htm |date=2015-03-20 }} at CNN Money; published March 16, 2105; retrieved March 19, 2015</ref> In August 2015 it was reported that MusclePharm had earned $50.5 Million by the end of second quarter 2015, which is an 8% increase compared to 2014.<ref>[http://money.cnn.com/news/newsfeeds/articles/marketwire/1211654.htm MusclePharm Reports 2015 Second Quarter Financial Results] {{webarchive|url=https://web.archive.org/web/20150814031553/http://money.cnn.com/news/newsfeeds/articles/marketwire/1211654.htm |date=2015-08-14 }} at CNN Money; published August 10, 2015; retrieved September 2, 2015</ref> They also announced their plans to restructure in order to save an excess of $20 million on an annual basis starting in 2016.<ref>[http://www.businesswire.com/news/home/20150825006271/en/MusclePharm-Position-Company-Future-Profitability#.VeYBv7xViko MusclePharm to Position Company for Future Profitability] at Business Wire; published August 25, 2015; retrieved September 2, 2015</ref>
 
MusclePharm was sued in a California federal court in late January 2015, for misleading customers about the amount of protein their products contain.<ref>{{cite web|last1=Morrell|first1=Alex|title=Lawsuits Say Protein Powders Lack Protein, Ripping Off Athletes|url=https://www.forbes.com/sites/alexmorrell/2015/03/12/lawsuits-say-protein-powders-lack-protein-ripping-off-athletes/|publisher=Forbes|accessdate=10 April 2015}}</ref>
 
In March 2015, MusclePharm signed a development and manufacturing supply agreement with Capstone Nutrition and purchased a 20% interest in Capstone's parent company (INI).<ref>[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</ref>
 
In September 2015, MusclePharm was charged by the [[U.S. Securities and Exchange Commission]] with infractions related to a number of accounting and disclosure violations. The investigation 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. <ref>{{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|publisher=SEC.gov|accessdate=9 September 2015}}</ref>
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==Sponsorship agreements==
MusclePharm has entered into endorsement deals with various athletes and sporting organizations. The company signed
NFL [[San Francisco 49ers]] [[Super Bowl]] [[quarterback]], [[Colin Kaepernick]] as a brand representative in 2013.<ref>[https://finance.yahoo.com/news/musclepharm-announces-deal-nfl-super-131308681.html MusclePharm Announces Deal With NFL Super Bowl Quarterback Colin Kaepernick] at [[Yahoo! Finance]]; published March 21, 2014; retrieved August 8, 2014</ref> In 2014 MusclePharm signed endorsement deals with [[USA Wrestling]],<ref>[http://www.teamusa.org/USA-Wrestling/Features/2014/March/05/USA-Wrestling-names-MusclePharm-as-its-exclusive-official-nutritional-supplement-provider USA Wrestling names MusclePharm as its exclusive official nutritional supplement provider] at USA Wrestling; published March 5, 2014; retrieved August 8, 2014</ref> professional and golfer [[Tiger Woods]],<ref>[http://www.golf.com/tour-and-news/tiger-woods-signs-bag-endorsement-musclepharm Tiger Woods signs bag endorsement with MusclePharm] at Associated Press; published June 18, 2014; retrieved August 8, 2014</ref><ref>{{cite web |url=http://money.cnn.com/news/newsfeeds/articles/marketwire/1172070.htm |title=Archived copy |accessdate=2015-02-16 |deadurl=yes |archiveurl=https://web.archive.org/web/20150216194047/http://money.cnn.com/news/newsfeeds/articles/marketwire/1172070.htm |archivedate=2015-02-16 |df= }}</ref> Some of the companies other paid endorsers have included NFL players [[Patrick Willis]] <ref>{{cite web |url=http://www.prnewswire.com/news-releases/musclepharm-inks-deal-with-nfl-superstar-49er-all-pro-patrick-willis-137174013.html |title=MusclePharm Inks Deal With NFL Superstar, 49er All-Pro Patrick Willis|author=PRNewsWire |accessdate=12 January 2011 }}</ref> and [[Chris Johnson (running back)|Chris Johnson]];<ref>{{cite web |url=http://thestockmarketwatch.com/newsletters/2011/04/08/mslp-is-our-new-research-report-details-inside/ |title=MSLP is our New Research Report! Details Inside!|author=StockMarketWatch |accessdate=13 June 2011}}</ref> the [[UFC]]<ref name="UFC">{{cite web|url=http://www.ufc.com/news/ufc-muscle-pharm-partnership-092211 |title=UFC and MusclePharm Ink New Deal |publisher=Ufc.com |date=22 September 2011 |accessdate=15 August 2012}}</ref> and mixed martial artists [[Anderson Silva]],<ref>{{cite web |url=http://www.msnbc.msn.com/id/41424305 |title=MusclePharm(R) to Sponsor MMA Champion Anderson Silva at UFC 126 Main Event|author=GlobeNewsWire |accessdate=1 May 2011 }}</ref> [[Lyoto Machida]]<ref>{{cite web |url=http://www.msnbc.msn.com/id/40272736/ |title=MusclePharm to Sponsor MMA Star Lyoto Machida at UFC 123 Main Event |author=GlobeNewsWire |accessdate=1 May 2011}}</ref> [[Jake Shields]],<ref>{{cite web |url=http://www.msnbc.msn.com/id/39796349 |title=MusclePharm to Sponsor MMA Star Jake Shields at UFC 121 Co-Main Event |author=GlobeNewsWire |accessdate=1 May 2011 }}</ref> [[Patrick Barry (fighter)|Patrick Barry]],<ref>{{cite web |url=http://www.pr.com/press-release/408857 |title=VFD Sports Announces MusclePharm Sponsorship Deal for Pat Barry|author=PR.com |accessdate=30 April 2012 }}</ref> and [[Robbie Lawler]];<ref name="ufc">[money.cnn.com/news/newsfeeds/articles/marketwire/1205501.htm MusclePharm Announce Signing UFC Fighters Robbie Lawler, Luke Rockhold and Paige VanZant] at CNN Money; published July 8, 2015; retrieved July 21, 2015</ref> [[MLB]] player [[Bryce Harper]];<ref>{{cite web|title=MusclePharm Signs Rookie Bryce Harper|url=http://suppz.com/bryce-harper|accessdate=6 July 2014}}</ref> and bodybuilder Obi Obadike<ref>{{cite web |url=http://www.msnbc.msn.com/id/39907611/ |title="The World's Most Ripped Fitness Model - Obi Obadike" Signs Endorsement Contract with MusclePharm |author=GlobeNewsWire |accessdate=1 May 2011 }}</ref>
 
MusclePharm signed a two-year agreement in 2015 with [[United World Wrestling]] (UWW) to provide products for athletes affiliated with the organization.<ref>[http://www.insidethegames.biz/articles/1026605/united-world-wrestling-sign-two-year-sponsorship-deal-with-sports-nutrition-company-musclepharm United World Wrestling sign two-year sponsorship deal with sports nutrition company MusclePharm] at Inside The Games; by Michael Pavitt; published April 7, 2015; retrieved May 1, 2015</ref> The company entered into an agreement that year with the [[Cleveland Cavaliers]] to serve as the team's presenting partner for "Fourth Quarter Combat Crunch Time", based on the Combat Crunch protein bar.<ref>[http://www.nba.com/cavaliers/releases/musclepharm-150424 It’s Crunch Time in Cleveland!] at NBA.com; published April 24, 2015; retrieved May 1, 2015</ref> MusclePharm also signed a multi-year sponsorship agreement in 2015 with [[City Football Group]], a holding company for [[Manchester City Football Club]], [[Melbourne City Football Club]], [[New York City Football Club]], and [[Yokohama F. Marinos]].<ref>[http://www.tribalfootball.com/articles/man-city-football-group-partner-sports-nutrition-company-4081360 Man City Football Group partner Sports Nutrition Company] at Tribal Football; by Ian Ferris; retrieved July 21, 2015</ref><ref>[http://www.insideworldfootball.com/premier-league/17224-man-city-and-city-football-group-beef-up-sponsor-deals-with-musclepharm Man City and City Football Group beef up sponsor deals with MusclePharm] at Inside World Football; by David Owen; published June 15, 2015; retrieved July 21, 2015</ref>