SUPPS SPOTLIGHT
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For more information about Hi-Tech and its products , go to hitechpharma . com .
“ Why pay lawyers three-fourths of the way through , if you ’ re going to blink at the end ?” he asks . “ Plus , I ’ m perfectly situated to fight the fight because I don ’ t have to go to a board of directors to get permission to stand my ground . To me , it goes back to the schoolyard bully — the guy might beat you up , but if you know you ’ re right and you hit him back , then he might not come at you again . In this case , if you know you ’ re right , and you believe you can win , then you can impact the whole industry .” Last May , the 11th Circuit of Appeals overturned the $ 40 million judgment , citing testimonies from experts that reinforced what Hi-Tech had said all along — that the claims on its labels and promotional materials were accurate and used in good faith . And just as Wheat predicted , the ripple effect from the victory would be industry-wide : A few months later , facing similar FTC allegations , Bayer Corp . was cleared of all wrongdoing . “ We ’ re still a young industry ,” Wheat says , citing the Dietary Supplement Health and Education Act ( DSHEA ) of 1994 as the official start of government involvement in the dietary-supplement industry . “ The law is still being interpreted on the books by the FTC or FDA [ Food and Drug Administration ], so [ those agencies ] might point you toward a case that was settled and tell you it ’ s law . But it ’ s not the law — they ’ re referring to a group of people who threw in the towel . That might be what they want the law to be , but that doesn ’ t make it so .” For Wheat , the latest FTC episode serves as another chapter in a long history within the health and fitness industry . “ Growing up … I sold products from Twin Labs , Weider , and the Costellos , even before Optimum was a household brand ,” he says . “ It goes back to when I was a kid lifting weights in the 1980s , selling products to get mine for free . Then after graduating from college in ’ 94 , I made a business out of it . This is the only job I ’ ve had since .” The quick-paced , ever-changing nature of the game during the past two decades has forced Wheat and Hi-Tech to stay nimble and adapt to remain key
HANGING WITH HI-TECH Wheat , right , has been in the supps game for decades .
players in the game . And even as he dealt with the FTC litigation , Wheat continued to elevate Hi-Tech ’ s standing and diversify its offerings . In 2015 , his company acquired a handful of inventive brands , including iForce Nutrition , Nittany Pharmaceuticals , Advanced Pharmaceuticals and Nutritionals , FormuTech Nutrition , LG Sciences , and Innovative Laboratories . “ Our goal has been to find smaller , innovative brands that don ’ t have the money to get to that next level ,” Wheat explains . “ On top of that , the acquisitions have provided me with talented employees who have their finger on the pulse and can help build the business . Now I ’ m able to put the last 5 % or 10 % touch on there instead of feeling like I have to do all 100 %.”
GOING HI-TECH
Hi-Tech Pharmaceuticals was founded in 1994 and is based in Norcross , GA , just north of Atlanta . The company creates , manufactures , and sells dietary supplements , including these , that can be found in major retailers such as GNC , Duane Reade , Walgreens , Kmart , and on target . com and amazon . com .
144 MUSCLE & FITNESS FEBRUARY 2016