03-25-2004, 09:03 PM
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<----Snappin' Pussy
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Join Date: Apr 2001
Location: Queensland, Australia
Posts: 106,936
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Penis-enlargement company sued after customer feels short-changed
From the Sydney Morning Herald
A man has filed a class-action lawsuit claiming deceptive sales practices by a business that sells a "male enhancement" herbal product.
David Parker bought an eight-month supply of Enzyte for $US399.60 ($530) in October 2001, relying on the company's published claims that the product would enlarge his penis, a lawsuit filed this week in Montgomery County Common Pleas Court said.
The product is distributed by a Cincinnati company now called Berkeley Premium Nutraceuticals Incorporated.
In his lawsuit, Mr Parker claimed he relied on the company's representation that "most men on the Enzyte plan will experience some gain [in] four to six weeks".
Mr Parker took Enzyte for the directed eight-month period, but "experienced no increase", the lawsuit said.
Mr Parker declined comment. His lawyer, Jeffrey Goldenberg, of Cincinnati, said Mr Parker relied on advertisements in Esquire and GQ magazines.
"Mr Parker went to get his double-your-money-back offer, and they said it was no longer in effect," Mr Goldenberg said. The lawsuit states that "Berkeley's failure to honour its 'double your money back' guarantee was deceptive, unconscionable, and fraudulent".
Attempts to contact representatives of Berkeley through numbers listed on its websites were unsuccessful.
The lawsuit states that the website now says, in part, "there is no known ingestible proven to alter the natural size or shape".
"It's our belief that as [Berkeley] became a more sophisticated player in this market, it realised they couldn't make that claim," Mr Goldenberg said.
He said that the potential members of the class-action lawsuit number "at least in the tens of thousands".
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