Dowd Scheffel Client Prevails in Federal Circuit Appeal, Securing Reversal in High-Stakes False Advertising Case

In a major appellate victory, Dowd Scheffel successfully represented ThermoLife International LLC, Ronald Kramer, and Muscle Beach Nutrition LLC on appeal and secured an important win.  The U.S. Court of Appeals for the Federal Circuit ruled in favor of Dowd Scheffel’s clients and reversed a jury verdict on false advertising and unfair competition case.  The victory is a rare example of reversing the jury’s verdict, and the success on appeal validates Dowd Scheffel’s strategy throughout the case.  The Federal Circuit’s ruling confirms that ThermoLife’s patented products work as advertised and that BPI failed to prove its claim under the Lanham Act. Writing for the panel, Circuit Judge Reyna concluded that “no reasonable jury could have concluded that CRTN-3’s statement of ‘increase vasodilation’ was literally false.”  

Matthew J. Dowd was lead appellate counsel, supported by the Dowd Scheffel team.  Mr. Dowd was also lead trial counsel. 

The case is BPI Sports, LLC v. ThermoLife International LLC, Nos. 2023-1068, 2023-1625, 2023-1112. The opinion can be found below.  

0069. (06-16-2025) OPINION filed for the court by. Nonprecedential Opinion. Service as of

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