Vitalstate Vs DreamPak Litigation To Continue

MONTREAL--(BUSINESS WIRE)--Feb. 17, 2004--In a February 13, 2004 ruling, the United States District Court denied DreamPak's application for permission to file a motion for summary judgment. The Court directed that discovery continue in the lawsuit filed against DreamPak regarding Vitalstate's claims that DreamPak violated the terms of a Confidentiality Agreement and misappropriated Vitalstate's trade secrets. In April 2003, the Court issued a temporary restraining order against DreamPak in connection with Vitalstate's motion for a preliminary injunction. In December 2003, the Court denied both DreamPak's and Vitalstate's requests for preliminary injunctions, vacated the April 2003 temporary restraining order and directed that the case proceed with discovery and possible trial. The parties are expected to commence discovery this month and Vitalstate intends to vigorously pursue its claims and defend those made by DreamPak.

About Vitalstate:

Vitalstate is developing nutritional supplement and pharmaceutical products using its first proprietary technology, the ActiJube(TM), as a launching pad for a wide range of products. The Company expects these products to have major impact on the current market due to convenience and effectiveness of the delivery system. Concurrently, Vitalstate is proceeding with its research efforts and is developing other technologies in both the pharmaceutical and supplements markets.

Currently, Vitalstate's Foundation Protein Powders, Russian Red Creatine ActiJubes, Command Protein Bars, Fit Kids bars and Wolverines Turkey Nuggets are available across the United States in GNC, gyms and health food stores. In March, Vitalstate will be introducing new and exciting products at the Arnold Classic in Columbus Ohio.

This press release includes statements, which may constitute forward looking statements made pursuant to the safe harbor provision of the Private Securities Litigation Reform Act of 1995. These statements are subject to risks and uncertainties that could cause actual results to differ materially from the forward-looking statements. Factors which would cause or contribute to such differences include, but are not limited to competition from existing or new products, production delays, lack of market acceptance of the Company's products, the Company's ability to develop acceptable sales and marketing relationships, the Company's ability to generate necessary capital, and general economic conditions and such other factors as are detailed in the Company's Securities and Exchange Commission filings.

-------------------------------------------------------------------------------- Contact:
Current Capital
Robert Kennedy, 416-860-0211
or
Vitalstate Inc.
James Klein, 514-369-4221

-------------------------------------------------------------------------------- Source: Vitalstate Inc.

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