Element Nutritional Sciences Inc. announces that, further to the news release of the Company dated September 11, 2023, a settlement (the "Settlement") has been reached between Eight IP, LLC ("Eight IP"), the Company and the Company's subsidiary Element Nutrition Inc. ("ENI") in connection with the claims relating to the Company's use of the patented formula included in its Rejuvenate? and Promino? beverages (the "Patent").

All dollar values herein are in USD. The Company licenses Eight IP's US Patent No. 9,364,463.

This patent was the result of over $20 million in funding, 27 clinical trials and over 20 years of research to discover the optimal ratio and key amounts of nutrients required to stimulate muscle protein synthesis. Clinical trials have demonstrated the formulation underlying this patent can increase muscle gain, increase muscle protein synthesis and strengthen recovery. The patent is critical in the formulation of the Company's branded muscle health products Rejuvenate Muscle HealthTM and ProminoTM.