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Penis Enlargement
         Company Sued

On March 20, 2004 a man filed a class-action lawsuit claiming deceptive sales practices by a business that sells a "male enhancement" herbal products. David Parker bought an eight-month supply of Enzyte for $400.00 in October 2001, trusting the company's published claims would enlarge his penis. David took Enzyte for the directed eight-month period, but "experienced no increase."

"Smiling Bob" As seen in Enzyte™ commercials for penis enlargement.

David said in the law suit, that he gave up on Enzyte in June 2002 and invoked Berkeley's "double your money back" guarantee. After "many months and multiple unsuccessful attempts" to collect, he said he received only a portion of what he paid.

The product is distributed by a Cincinnati company now called Berkeley Premium Nutraceuticals Incorporated. In his lawsuit, David claimed he relied on the company's representation that "most men on the Enzyte plan will experience some gain [in] four to six weeks".

"In our opinion, the primary effect Enzyte had on its users was to shrink the size of their wallets," said John Murdock, Goldenberg's law partner. Last summer, Enzyte dropped its claims regarding enhanced organ size. It has since billed Enzyte as a "once-a-day tablet for natural male enhancement."

The suit is the first of its kind against Enzyte, which was introduced in 2001 and is promoted in TV ads by a character named Smiling Bob. The Ohio Attorney General's Office and the Cincinnati Better Business Bureau say they have received more than 1,600 complaints about Berkeley's billing for Enzyte and another herbal product, a female libido enhancer called Avlimil, but the state has taken no action against the company.

The lawsuit seeks compensation and punitive damages on behalf of all Enzyte buyers, except in California, where a separate suit is being filed. In February that 2 million men have used Enzyte.

Update: Enzyte CEO Gets 25 Years In Prison
August 2008

Steve Warshak, President of the Enzyte company for male enhancement products was sentenced to 25 years in prison and his company and some members of his family are to repay more than $500 million. The judge also sentenced Warshak’s ailing, 75-year-old mother, Harriet Warshak, to two years in prison, but he agreed to let her remain free pending her appeal because of serious medical problems. The sentences are the culmination of a federal investigation into Warshak and his company, Berkeley Premium Nutraceuticals, that lasted at least four years and resulted in criminal charges against about a dozen employees and associates. Most of the charges related to the sale of Enzyte, an herbal supplement that promised to boost men’s sexual performance. Enzyte, by far the company’s most popular product, was marketed on TV in ads featuring a grinning character known as Smilin’ Bob.