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Enzyte Lawsuit Frequently Asked Questions

General

What does the suit claim?
The suit claims the maker of Enzyte, Berkeley Premium Nutraceuticals (Berkeley), intentionally distributed false claims about Enzyte increasing the size of men’s genitalia. The suit also claims the company used deceptive and confusing materials to mislead customers into waiving their right to collect a refund.

What did the advertisements claim?
From Enzyte’s inception in 2001 throughout the summer of 2003, Berkeley placed Internet, radio, television and print advertisements with brazen claims about what Enzyte could accomplish, according to the suit. Some of the claims include:

• “The first all-natural male enhancement program that adds one to three inches to your size in just eight months or get double your money back”
• “100% Safe with a 98.3% Success Rate”
• “…your erectile chambers, as well as your penis, will enlarge up to 41%”

The suit states stronger claims came after customers purchased the product, including a statement from Berkeley saying, “most men report a one to three inch gain in length and 27% increase in roundness.”

Is there any evidence that Berkeley management knew the claims were false?
In recent interviews with the media, Berkeley’s founder and chief executive officer Steven Warshak admitted that the company withdrew its claims that Enzyte added inches to a man’s penis because no third-party independent trials were conducted to substantiate the claim.

In a Cincinnati Enquirer article, Warshak stated, “When we brought that [claims concerning enlargement] to new partners who know this industry a lot better than we had, it was clear that unless it was a third-party independent trial, you shouldn’t use it.”

Berkeley has since pulled claims about Enzyte increasing penis size from its Web site and marketing materials, and replaced them with disclaimers that “Enzyte will not alter the shape or size of your penis,” according to the suit.

Medical experts also find very little validity in Berkeley’s claims that Enzyte increases penis size. In a 2002 USA Today article, a Dallas urologist said there’s no way that increasing blood flow to the penis, as Enzyte claims to do, will actually increase its size.

Wasn’t it widely known that these types of claims were false?
No. The company’s sales prove that a substantial number of people believed the advertising claims. Berkeley posted $100 million in sales in 2003 and employs about 800 people to handle orders from customers nationwide.

How did the company honor its ‘double your money back’ guarantee?
Customers trying to collect on Enzyte’s guarantee received deceptive attempts to coerce them into giving up their right to receive a refund, and ultimately did not receive twice the purchase amount as promised, according to the complaint.

After asking Berkeley for a refund, the named plaintiff in the suit received a packet called a “Non-Authorization Packet” in an attempt to get him to waive his refund claim, the suit states. After many contacts with the company, the customer was forced to settle for a refund smaller than the promised amount, the suit alleges.

How many men have purchased Enzyte?
Attorneys for the plaintiffs cannot determine the exact number of men purchasing Enzyte until the court certifies the case and discovery is completed, but Berkeley CEO Steven Warshak has been quoted as saying that more than 2 million people have used Enzyte.

Enzyte

What is Enzyte made of?
According to a 2002 USA Today article, Enzyte’s ingredients include:

• Tribulus Terrestris. A plant found in Australia, Asia, Africa and North and South America that is a natural testosterone stimulant.
• Yohimbe Extract. An African evergreen, yohimbe is an aphrodisiac used in the treatment of impotence.
• Niacin. Needed for proper circulation and is involved in the production of sex hormones, including testosterone.
• Epimedium. An important supplement in Traditional Chinese medicine. A leafy plant, it has long been used to treat erectile problems, to improve libido and to restore sexual vitality.
• Avena Sativa. Avena Sativa is rich in vitamins and has been shown to stimulate genital organs.
• Zinc Oxide. Zinc is essential for many body functions and is part of more than 200 enzymes in the body.
• Maca. An annual grown in Peru, animal studies have shown that Maca creates increased energy and stamina in sexual activity.
• Muira Pauma. A native shrub of Brazil, it has long been used to improve libido and increase sexual potency.
• Ginkgo Biloba. Increases arterial blood flow which has a beneficial effect on sexual function in men.
• L-Arginine. An amino acid shown to improve erections.
• Saw Palmetto. Used to treat prostate health problems.
• Other ingredients: Gelatin, rice bran, oat fiber, magnesium stearate, silicon dioxide.

The Lawsuit

Who are the defendants?
Berkeley Premium Nutraceuticals, Inc. (formerly known as LifeKey, Warner Health Care, WagnerPharmaceuticals and Boland Naturals) as well as several unknown companies involved in the manufacture, sale, design or marketing of Enzyte.

Who does the suit seek to represent?
The suit seeks to represent all persons in the United States who purchased Enzyte, including those purchasers to whom the company claimed that the supplement increases penis size, except residents of California.

What does the suit seek?
The suit seeks class-action status, reimbursement for purchases of Enzyte and damages.

Where was the lawsuit filed?
Montgomery County Court in Dayton, Ohio.

What laws does the suit claim the defendants violated?
The suit claims Berkeley and other defendants violated Ohio’s consumer protection laws, as well as laws against negligent misrepresentation, unjust enrichment and fraud.

The Class Action Process

Who can participate in this class-action suit?
Anyone who has purchased Enzyte can participate in the suit, except residents of California.

How many people are members of this class?
Attorneys for the plaintiffs cannot determine the exact number of men purchasing Enzyte until the court certifies the case and discovery is completed, but Berkeley CEO Steven Warshak has been quoted as saying that more than 2 million people have used Enzyte.

How will signing up help the lawsuit?
A larger class helps strengthen the case for demonstrating the severity of damage that the defendants caused to consumers by their actions.

If I sign up for the lawsuit, will everyone know that I bought a product to increase my penis size?
No. All contact with potential plaintiffs will be kept confidential.

How does a class action work?
A class-action lawsuit is a lawsuit filed by one or more representatives on behalf of many individuals against one or more defendants. The class-action lawsuit is typically used when there are many people who have suffered similar harm and it would be impractical for each person to individually pursue his or her own claims.

Who can I contact if I have more questions?
If you have more questions about the lawsuit or your eligibility, contact attorneys Hagens Berman Sobol Shapiro at 206-623-7292 or info@hbsslaw.com.