Posted on 02/15/2005 10:49:31 PM PST by MaxMax
LOS ANGELES (Reuters) - A New Jersey man has filed a false advertising lawsuit against a maker of herbal penis enlargement pills, alleging the medicine does not fulfill its promises, the plaintiff's lawyer said on Monday.
Two similar cases, filed last year in Colorado and Ohio, accuse manufacturers of herbal dietary supplements, VigRx and Enzyte, of falsely claiming to be able to add substantial length and girth to a man's penis.
All three suits seek class action status and claim to represent more than 1 million total plaintiffs.
In the latest case, filed on Jan. 21 in New Jersey state court, plaintiff Michael Coluzzi claimed he paid $59.95 for a 30-day supply of Alzare pills but "experienced no increase in penis size," and then was unable to collect a promised refund from manufacturer Alzare LLC of Boca Raton, Florida.
Neither Alzare nor chief operating officer Scott Hammond, both named as defendants, could be reached for comment.
Coluzzi's attorney, Stephen DeNittis, said many men had been taken in by dubious claims that the product would add up to 3 inches (7.5 cm) to their penises by "very, very convincing" advertising, such as infomercials featuring doctors and porn stars.
"Males, for whatever reason, may be susceptible because of what they feel they lack," DeNittis said. "It was so believable I confirmed with an expert (that the claims were false) before I filed the lawsuit. They said they had done medical studies proving that it works."
The ads for Alzare tablets, comprised of ginseng, yohimbe bark, L-arginine and other ingredients, guaranteed results within a week and claimed a 95 percent success rate in the more than 100,000 men who have used it, the suit said.
But last year, the Center for Science in the Public Interest filed a complaint with the Federal Trade Commission saying the maker of Enzyte had not backed up its claims with science.
Although thousands of complaints have been registered with local government agencies and the Better Business Bureau, few lawsuits have been filed because the companies appear to be "judgment proof," DeNittis said.
"They don't have enough assets for plaintiffs to recover, and some of the defendants are fly-by-night -- they close up shop after they get sued," he said.
All three lawsuits claim that plaintiffs were unable to contact the companies for guaranteed refunds after spending hundreds of dollars for the penis enhancers.
I notice that he didn't say that he tried the stuff himself. He probably is afraid that it might work, and couldn't say that it didn't while squeezing cash out of the companies.
Reject class action suits! DON'T FEED THE LAWYERS!
The customers were not told that the effect would not last long...
Maybe the guy isn't so stupid. Perhaps he knew that they wouldn't work, and planned the lawsuit from the start. It's quite possible his motive was to enlarge his back pocket rather than his penis.
And you say,
I notice that he didn't say that he tried the stuff himself. He probably is afraid that it might work, and couldn't say that it didn't while squeezing cash out of the companies.
You are correct as a matter of fact. The plaintiffs are filing
the claim due to a Doctors claim, and filing on substance rather then trial.
No scientific proof has been provided for fact either way, therefore, a lawsuit
is "er" was in order.
Spilled any coffee on your lap lately?
Millions?
This could be a lengthy trial with extended polling of the jury. The number of plaintiffs will probably continue to grow. The spectators will swell the courtroom, and tensions will rise until the final climactic moment when journalists will burst forth to scream out the news of the verdict.
Howard Dean as spokesman? I suspect you are correct with your assertion.
/laff
LMAO, now that I think about it, it could actually happen.
Your scaring me now, stop that.
This may well result in a hung jury - just not very well hung.
Title should be....Dick head says penis pills don't work.....
I am the son of a wealthy Nigerian Oil executive ~snip~
Please send $5000 by Western Union to release the funds...
Yea, I want to scream at that image.
I think the best way to resolve this is to let the lawyers take the product. If their necks don't grow, then the product doesn't work.
In the end, though, the outcome will depend on whether or not the evidence stands up in court.
That's what oral arguments are for.
"It's quite possible his motive was to enlarge his back pocket rather than his penis."
Depending on the woman, enlarging the size of the back pocket would be more desirable anyhow...
You win the double entendre prize, LOL.
Since when do you snort it?
Well, it's been my experience that the back pocket is the "bulge" women care the most about anyway...
You could say they were "short changed" again....
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