If you're not a part of the fitness-supplement world, you might not have heard that a battle has been raging between pudding developer William Brescia and nutrition-supplement company Instone LLC, of which Stallone is on the board of directors. Instone purchased a high-energy, low-carb pudding from Freedom Foods, who have been battling Brescia since 2004 over who created their pudding process. In 2005, a countersuit by Brescia brought Stallone and Freedom's business partners into the mix, and though Stallone sought a summary judgment to get him out of this mess, the judge refused to dismiss the actor from the case.
According to The Hollywood Reporter, Judge Michael Johnson refused to let Stallone out of the case and ruled that his involvement is an issue for the jury:
Brescia has already won millions from two Instone execs, so this could mean a pricey payout if a jury sides with the disgruntled inventor. Lesson to be learned: Never, ever steal pudding.
While Stallone may not have known about recipes, formulas and other details of the production process, there is a triable issue as to whether his knowledge of Brescia's misappropriation claims created a duty to investigate their substance before approving and promoting the pudding that Instone purchased from Freedom Foods.