Parker v Berkeley Premium Nutraceuticals, Inc.
Maker of Male Enhancement Supplement Enzyte Charged with False and Deceptive Advertising
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.
