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

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a scene from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Elizabeth Skylar, Isa Bella Topline 'Tempted by the Babysitter' From Sweetheart Video

Elizabeth Skylar and Isa Bella headline “Tempted by the Babysitter” from Mile High Media studio imprint Sweetheart Video.

Kira McKay Makes Her WIFEY Debut

Kira McKay stars with her husband Jerome and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

Calita Fire Toplines 'Swingers Resort' From Private

Calita First headlines the latest release from Private, titled “Swingers Resort.”

Octavia Red, Vince Karter Star in Latest From Elegant Angel

Recent XMA winners Octavia Red and Vince Karter star in the latest release from Elegant Angel, titled "Octavia Red Demure in Paris."

Ricky Johnson on Building His Enterprise One Sleepless Night at a Time

Ricky Johnson is always in motion. Even as he takes time out of his busy shooting schedule to chat with XBIZ, there’s restless energy behind the calm. This makes it easy to envision a younger version of Johnson, back when he arrived on the adult scene with no connections — but a great deal of persistence.

Show More