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

Lilly Bell Stars in Latest From Brazzers

Lilly Bell stars with Scott Nails in the latest release from Brazzers, titled "Tradwife’s Slutty Secret."

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Elegant Angel Debuts 'Charlotte Sins Is Slutwoman' Showcase

Charlotte Sins takes on the role of "Slutwoman" in the latest iteration of Elegant Angel's signature showcase series.

Jade Venus, Zariah Aura Topline Latest Volume of Aiden Starr's 'PansexualX Porn Crush'

Jade Venus and Zariah Aura headline director Aiden Starr's "PansexualX Porn Crush 14," from Evil Angel.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Ophelia Fae, Ameena Green Take a Bow at Screening of Casey Calvert's 'Straight Girls'

Casey Calvert returned to Elysian Theater in Los Angeles on Thursday night for an intimate screening of her new Adult Time/Girlsway feature "Straight Girls," which just so happens to have been filmed on that very stage.

Busty Anabel Makes Studio Debut, Performs Her 1st DVP for Immoral Productions

Busty Anabel has made her studio debut and performed her first DVP alongside Matt Bird, Jacob Coldwater, and studio honcho “Porno Dan” Leal in the latest trilogy from Immoral Productions.

Kira Noir Leads Latest From Brazzers

Kira Noir stars with Eddie Jaye in the studio's latest release, titled “Couples Massage Getaway.”

Gender X Debuts Jim Powers' Limited Series 'Trans Deliveries'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Deliveries."

Lo Lacey Makes Her WIFEY Debut

Lo Lacey has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Nathan, Dan Damage, and Goldey.

Show More