Stiff Nights Distributor Close to Deal With U.S. Prosecutors

Rhett Pardon

SALT LAKE CITY, Utah — Kelly Dean Harvey, the distributor of the Stiff Nights brand who was indicted on a slew of charges last year in connection with selling misbranded penis pills spiked with Viagra, is close to a settlement deal with federal prosecutors.

Harvey, who operates Impulsaria LLC, faces federal charges of conspiracy, wire fraud and money laundering for his role of importing the product from China and marketing it throughout the U.S.

The case goes back three years after the U.S. Food and Drug Administration determined that Stiff Nights contained sulfoaildenafil, a chemical similar to sildenafil, the active ingredient in Viagra.

The FDA posted a blacklist advisory over the erectile dysfunction drug, which was marketed as "100 percent natural," and later Harvey was indicted by a grand jury over importation of sulfoaildenafil, as well as ephedrine.  

Last month, a federal judge in Utah continued the case based upon ongoing settlement negotiations with the government and additional time to finalize the terms.

The indictment was seeking forfeitures of $3.3 million, several properties and other funds in a number of bank accounts.

Harvey is not currently in custody, but he still operates the Stiff Nights brand through his Impulsaria operation.

The penis pill merchant, according to court records, has altered ingredients for Stiff Nights to comply with FDA standards and recently sued scores of distributors and retailers for selling counterfeit Stiff Nights products.

While Harvey has a trademark registration over Stiff Nights with the U.S. Patent and Trademark Office, some of the defendants have raised the issue that unlawful products can't be trademarked, using his federal indictment as evidence.

The infringement suit, only seven months old, has already garnered 250 court motions and includes defendants United Distribution Group, Mine Boutique, Deja Vu Love Boutique, Sunny Mart, Purple Haze II, Capitol New Agency, Empire Distributors and more than two dozen others.

View Document