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

Rachael Cavalli Leads Latest From Bellesa Plus

Rachael Cavalli stars alongside August Skye and multi-XMAs winner Vince Karter in the latest release from Bellesa Plus, titled “Double-Booked.”

Elegant Angel Releases All-Star Orgy From '2026 Performers of the Year'

Elegant Angel has released an all-star orgy from the 2026 edition of its annual series "Performers of the Year."

Anissa Kate Reflects on 15 Years in the Spotlight and a New Life in L.A.

Anissa Kate has made some unique memories over the course of her 15-year career in the adult industry. She fondly remembers shooting under the starry skies of the Nevada desert, and spending the night in the middle of nowhere because the shoot was scheduled to resume early in the morning to catch the sunrise.

McKenzie Mae Headlines 1st Volume of Dorian Del Isla's 'Anal Teachings'

McKenzie May toplines the first volume of director Dorian Del Isla's latest title, "Anal Teachings," from Evil Angel.

Leilani Li Stars in Latest From TransAngels

Leilani Li stars with Cali Sweets in the latest release from TransAngels, titled "Sorry I Fucked Your Sister."

Sarah Arabic Stars in Latest From Pure Taboo

Sarah Arabic stars with Joey Avalon in the latest release from Pure Taboo, titled "Every Two Hours."Directed by multi-XMAs winner Bree Mills, Arabic and Avalon play a struggling couple trying to repair their relationship.

Clara Mia Toplines Sequel to 'Fetish' From Dorcel

Clara Mia headlines the latest feature from Dorcel, "Fetish Vol. 2."

Carter James Makes Her WIFEY Debut

Carter James has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband Tyler and Chocolate God.

Reptyle to Release Crossover Series 'Cougars for Cubs'

Reptyle will debut its new limited series, "Cougars for Cubs," on its studio imprints Family Strokes and MYLF.

Grooby Drops 3rd Volume of 'Domino Presley's House of Whores'

Grooby has released its latest title, the third volume of "Domino Presley's House of Whores," titled "Extraterrestrial Transsexual."

Show More