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Case ID: 3292 | Drugs / Medical | 11/03/2006
A nationwide class action has been filed against Berkeley Premium Nutraceuticals, Inc. on behalf of purchasers of the popular male enhancement product Enzyte, who allege that the company uses false and deceptive advertisements with phony statistics to lure naïve consumers in violation of state consumer protection laws. The action seeks unspecified damages, as well as full refunds of their money.
The action alleges that Berkeley makes repeated unsubstantiated claims with the intention of playing on men's insecurities-- to the tune of $100 million thus far. Currently running a national advertising campaign using innuendos and a silent ‘Smiling Bob’ spokesperson, Berkeley earlier marketed Enzyte in a nationwide multi-media campaign with claims that the product would actually increase the size of a man’s genitalia. Some of the claims from ads in magazines such as Esquire and Gentlemen’s Quarterly include: “The first all-natural male enhancement program that adds one to three inches to your size in just eight months or get double your money back” “100% Safe with a 98.3% Success Rate” “…your erectile chambers, as well as your penis, will enlarge up to 41%” The action alleges that when customers have tried to take advantage of Berkeley’s ‘double your money back’ guarantee, the company sends out confusing and deceptive materials that encourages customers to waive their right to collect the refund. The company allegedly depends on the embarrassment of men and complicated return policies to keep the number refunds low and the amount of profits high. According to consumer groups including the Better Business Bureau, Berkeley generates a high number of complaints. The Federal Trade Commission has also called into question treatments like Enzyte. According to the FTC's Web site, “If the product being pitched to cure impotence is "herbal" or "all natural," dismiss it.” In a recent interview, Berkeley’s founder and chief executive officer Steven Warshak admitted that the company withdrew its claims that Enzyte added inches to a man’s penis because no third-party independent trials were conducted to substantiate the claim. In fact, in an about-face, its own Web site now admits, “Enzyte will not alter the shape or size of your penis.” In 2001, the named plaintiff allegedly paid $400 for an eight-month supply of Enzyte, and received more assurances from Berkeley that “most men report a one to three inch gain in length and 27% increase in roundness.” He allegedly completed the supply without any increase in genital size, and after many months of trying to receive his ‘double your money back’ guarantee, only received a portion of the promised refund.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest The parties have reached a tentative $2.5 million settlement of a class action filed against respiratory therapy manufacturer Nellcor Puritan Bennett, Inc. (formerly Nasdaq: NELL), subsidiary of Tyco Healthcare/Mallinckrodt, and certain of its officers and directors by stockholders who purchased the company's common stock between September 29, 1995, and April 16, 1996. The actions claim that the defendants violated the California Corporations Code by issuing a series of material misrepresentations to the market over this time period for the purpose of inducing investors to buy the company’s stock. To recover under the settlement, a completed proof of claim postmarked no later than February 18, 2004, must be mailed to the claims administrator. Kahn Gauthier Swick is seeking to file a lawsuit on behalf of persons that have certain Medtronic implantable heart devices. These products were surgically implanted in persons that are either prone to life-threatening heart rhythms, congestive heart failure or a combination of both. Studies show that early childhood dental intervention can help assure the best dental health. The court has approved a settlement between the parties in an action filed against the New Hampshire Department of Health and Human Services on behalf of all persons under age 21 who are now enrolled, or who become enrolled in the New Hampshire Medicaid program and are entitled to receive Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) dental services. Parents whose children may be eligible to take part in the program should contact the department for more information. Several class actions have been filed against healthcare facility operator Dynacq International (Nasdaq: DYIIE, formerly Nasdaq: DYII) and certain of its officers and directors by stockholders who purchased the company's common stock between January 14, 2003, and December 18, 2003. The actions claim that the defendants fraudulently certified that Dynacq's financial statements for the first three quarters of fiscal 2003 were compiled in compliance with Generally Accepted Accounting Principles. The stockholders seek to recover compensatory damages for the loss of value of their stock. Several class actions have been filed against medical information technology systems company IMPAC Medical Systems, Inc. (Nasdaq:IMPCE), and certain of its officers and directors by stockholders who purchased the company's common stock between November 20, 2002, and May 13, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action has been filed against Axonyx Inc. (NasdaqSC:AXYX), and certain of its officers and directors by stockholders who purchased the company's common stock between June 26th, 2003 and February 4th, 2005. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. Axonyx Inc. is engaged in the business of acquiring and developing novel post-discovery central nervous system drug candidates, primarily in areas of memory and cognition. |
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