Science in Sport have received a six-figure settlement following a successful litigation against a sports nutrition competitor.

SiS, who supply Bjarne Riis’ SaxoBank Sunguard team, issued proceedings against High5 after it claimed certain formulations of its products achieved better results for athletes than those of SiS. 

SiS disputed the claims and have received a comprehensive agreement that High5 will not mention SiS products in any future advertising or comparative advertising campaign.  High5 have also agreed to make the six-figure payment to SiS towards its costs.

Ian Morris from Kuits, who represented SiS, said: “This is a substantial victory for SiS and shows the importance of reputation management to firms in the modern age.”

High5 director Mick Atkinson has issued the following statement in response to SiS: 

“SiS brought proceedings against High5 sports nutrition claiming that High5’s advertisements, which claimed that High5’s drinks were clearly superior to SIS’s drinks, were not true.

Very large sums of money were claimed by SiS by way of damages.

SiS has now decided to settle the proceedings against High5. No damages of any sort have been recovered by SiS, though High5 has agreed to make a modest contribution to SiS’ costs.

SiS now seeks to claim that the proceedings were some sort of ‘victory’.  We at High5 doubt whether that would be the general view of a case in which SiS has failed to establish any of its claims, failed to win a penny in damages and even failed to recover all of the costs it incurred (which were very large) in bringing the case.

SiS has agreed, as part of its agreement to end its complaint, not to refer to High5 or to any of its products in its advertising or publicity materials. 

It has also agreed that High5 can in the future make references in its advertisements to such expressions as being ‘the best’ and ‘better than all others’, without impediment from SiS. Finally, SiS has agreed that any publicity it issues in respect of its agreement to conclude its case will be accurate.

High5 is delighted that SiS has now abandoned its case and that High5 can get on with manufacturing its products and advertising them without unreasonable interference. Our solicitor, Ben MacKenzie, partner at Leeds law firm Ford & Warren Solicitors, declared: ‘This is a victory for common sense. High5 is to be applauded.'”