>Enzyte (Berkeley Premium Nutraceuticals)
Date Filed: March 17, 2004
Court: County Court
Location: Ohio

Hagens Berman filed a suit on behalf of purchasers of the herbal male enhancement supplement Enzyte, claiming the manufacturer Berkeley Premium Nutraceuticals (Berkeley) knowingly used false and unproven claims to lure men into purchasing the supplement, and used deceptive practices to prevent customers from receiving 'double your money back' refund.

The suit alleged that Berkeley, which is currently running a national ad campaign featuring innuendos and a silent 'Smiling Bob' character, claimed that Enzyte would add one to three inches to a man's penis size or customers would get double their money back, among other similar claims.

In an interview, Berkeley founder and CEO 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.

Berkeley also pulled claims about Enzyte increasing penis size from its Web site and marketing materials, and replaced them with disclaimers that "Enzyte will not alter the shape or size of your penis," according to the suit.

Customers trying to collect on Enzyte's guarantee received deceptive attempts to coerce them into giving up their right to receive a refund, and ultimately did not receive twice the purchase amount as promised, according to the complaint.

The suit sought to represent all those who purchased Enzyte, including those purchasers to whom the company claimed that the supplement increases penis size, except residents of California. Consumers sought class action status, reimbursement for purchases of Enzyte and damages.

Judge John W. Kessler of the Common Pleas Court in Montgomery County, Ohio, gave preliminary approval to a $4.7 million settlement in 2006.

Read the Frequently Asked Questions and the complaint for more information.



submit to reddit Join me on the New Digg