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

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

Cherie DeVille Launches New Coffee Brand

Multi-XMAs winner Cherie DeVille has launched her new product line, Coffee MILF.

Nicole Kitt Leads Return of TeamSkeet Series 'Black Valley Girls'

Nicole Kitt stars in the relaunch of TeamSkeet’s series “Black Valley Girls.”

Kyaa Chimera Makes Her Girlsway Debut

Recently crowned XMAs Fetish Creator of the Year Kyaa Chimera makes her Girlsway debut alongside Roxie Sinner in "Free-Use Homework Hang."

Lilly Bell Stars in Latest From Blacked Raw

Multi-XMAs winner Lilly Bell stars with Anton Harden in the latest release from Vixen Media Group studio imprint Blacked Raw.

Sabien DeMonia Performs Her 1st Evil Angel DAP

Reigning Euro XMAs MILF Performer of the Year Sabien DeMonia performs her first Evil Angel DAP alongside Jesus Reyes and Little Maly.

At Last: Jennifer White Reflects on a Breakthrough Year and XMAs Gold

Jennifer White has reached the top of the mountain. Not only did the veteran performer’s recent showcase, “Hollywood Whore,” win Best Performer Showcase at the 2026 XMAs, but White herself scored the ultimate honor by being crowned Female Performer of the Year.

Christy Love Stars in Latest From MYLF

Christy Love stars with Nade Nasty in the latest installment of MYLF series "MomDrips," titled “Finish Inside of Me, You Dirty Boy.”

Madelynn May, Selina Imai Headline 'Lesbian Neighbor Affairs 4'

Madelynn May and Selina Imai topline the fourth volue of "Lesbian Neighbor Affairs," from Girlfriends Films.

Show More