Pa. nutrition products manufacturer files breach of contract claim against online Florida business

By Jon Campisi | Mar 12, 2013

A Pennsylvania company specializing in the production and distribution of nutrition

ingredients and products has filed a breach of contract suit against an online Florida company over claims that the defendant owes the plaintiff close to $400,000 in unpaid compensation.

Phytogenx Inc., which does business as KLL Nutrition Co., and is based in Malvern, Chester County, filed suit March 11 in the federal court in Philadelphia against Orlando-based Infinite Labs LLC over allegations that the defendant has failed to respond to the plaintiff’s invoices despite the fact that Phytogenx has been supplying the defendant with product since last year.

According to the complaint, which was filed on the plaintiff’s behalf by attorneys Jonathan A. Cass and Alexander F. Barth, of the Philadelphia firm Cohen, Seglias, Pallas, Greenhall and Furman, the two parties entered into a series of agreements between June 2012 and this January by which Infinite Labs purchased certain nutritional-type products and other goods created by the plaintiff in exchange for compensation.

After receiving a purchase order or other verbal directives from Infinite Labs for certain health supplements and other nutrition products, Phytogenx would supply the goods to the defendant and issue an invoice for payment, according to the lawsuit.

At no time did Infinite Labs reject or return any of the products purchased from the plaintiff, the suit states.

Nevertheless, the defendant has failed to remit payment for the products purchased from the plaintiff, despite “repeated demands” for such payment.

Phytogenx asserts that Infinite Labs owes a total of $369,631 in payment.

The complaint contains counts of breach of contract and quantum meruit/unjust enrichment.

The plaintiff seeks the amount of money it contends the defendant owes it, in addition to costs and other legal remedies.

The federal case number is 2:13-cv-01293-PBT.

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