Appeal in Penis Pill Class-Action Lawsuit

MONTGOMERY, Ohio – Penis pill marketer Berkeley Premium Nutraceuticals has appealed an April 29 ruling granting class action status to a lawsuit filed on behalf of plaintiffs David Parker and Jeff Smith over deceptive marketing allegations.

The earlier ruling by Judge John W. Kessler would have allowed the plaintiffs to potentially include thousands of additional individuals who purchased herbal supplements known as Enzyte for men and Avlimil for women.

Plaintiffs claim that the pills, marketed by Berkeley Premium as 100 percent safe, herbal supplements that could increase penis size by 1-3 inches and increase female libido, were part of a nationwide attempt by the company to deceive consumers with "consistent misrepresentations" as to the real effects of the pills.

Berkeley Premium also offered no third-party independent clinical trials to support its massive promotion and cross media campaign, which included 30-day free trials, national television ads, radio and magazine advertisements, as well as campaigns for the Internet and major sporting events.

Plaintiffs had originally sought class-action status on the lawsuit based on the argument that the case "involves a common scheme across the entire class perpetrated by similar misrepresentations of efficacy and material omissions." The judge ruled at the time that "when common fraud is perpetuated on a group of plaintiffs, those plaintiffs should be able to pursue the claim without focusing on questions affecting individual members."

Enzyte contains an ingredient known as Yohimbe, which the FDA has warned could conflict if taken with certain foods. The FDA also has warned diabetics about the potential adverse effects of Yohimbe.

In a similar case, in Denver, U.S. District Judge Phillip S. Figa conditionally granted class certification earlier to a case against a Canadian firm that sells enlargement products under the VigRx brand name. The potential class could number more than 400,000 consumers.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Blake Blossom Fronts Latest From New Sensations

Blake Blossom stars with Dante Colle in the latest release from New Sensations.

Tiffany Tatum, Bella Mur Lead Dorcel's 'Thr3e #10'

2023 Euro XMAs Female Performer of the Year Tiffany Tatum and Bella Mur headline the latest release from Dorcel, titled “Thr3e #10.”

Richard Mann Drops 1st Evil Angel Threesome With Naomi Korae, Nico Luva

Naomi Korae and Nico Luva star in Richard Mann’s first Evil Angel threesome scene.

Anna Bella Returns to Immoral Productions

Anna Bella stars in a new four-part release from Immoral Productions, alongside Matt Bird, Terry Banks, and studio honcho “Porno Dan” Leal.

Trump Tariffs Refund Process to Launch April 20

WASHINGTON — U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

Jazmine Cruz, McKenzie Mae Make Their Girlsway Debuts

Jazmine Cruz and McKenzie Mae make their Girlsway debuts in the latest installment of "Mommy's Girl," titled "The Bare Minimum."

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Scott Nails in the latest release from Brazzers.

Kimmy Kimm, Khloe Kapri & Alex Jones Lead Latest From Bellesa Plus

Kimmy Kimm and Khloe Kapri star with multi-XMAs winner Alex Jones in the latest scene from Bellesa Plus, titled “Her Last Day.”

FreeUse to Drop New Limited Series 'Time Stop'

FreeUse will premiere a three-part limited series next week, titled “Time Stop.”

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Show More