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

Harlie Hotwife Makes Her WIFEY Debut

Creator Harlie Hotwife stars with her husband Travis and Prince Yahshua in the latest release from Vixen Media Group studio imprint WIFEY.

Mandii Rose Makes Her Elegant Angel Debut

Mandii Rose stars with Charles Dera in her Elegant Angel debut, titled “Good in the Hands.”

Rachel Rampage Stars in Latest From Kink.com

Rachel Rampage stars with Marcelo in the latest installment of Kink.com's "Divine Bitches" series.

Avery Lust, Chanel Chance Star in Latest From TGirls.Porn

Avery Lust and Chanel Chance star in the latest release from Grooby paysite TGirls.Porn, titled "The New Faces."

Tiffani Madison Makes Her FreeUse Debut

Tiffani Madison stars alongside Dannny Steele and Enzo East in her debut scene for FreeUse, titled “The Breeding Law.”

Eva Angelina Makes Her Tushy Debut

Eva Angelina has made her debut for Vixen Media Group studio imprint Tushy.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

Catherine Knight, Dolly Dyson Star in Latest From Blacked Raw

Catherine Knight stars with Dolly Dyson in the latest release from Vixen Media Group studio imprint Blacked Raw.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying access to services due to a customer’s lawful business activities.

Brooke Tilli Makes Her Brazzers Debut

Brooke Tilli has made her Brazzers debut alongside studio exclusive Girthmasterr in "Who's In Charge Here!?"

Show More