April 2021: The district court granted final approval of the settlement agreement.

November 2020: The district court preliminarily approved a settlement agreement that would provide class members with $10 cash awards without proof of purchase and up to $100 with proof of purchase. In addition, the company agreed to stop using the terms “potency wood” and “virility” on product packaging. The agreement also says that the company removed other phrases – including “perform your best,” “intended to provide nutritive support for blood flow,” and “aphrodisiac” – from packaging as a result of this litigation. A final fairness hearing is scheduled for April 2, 2021.

January 2020: The district court rescinded the February 2015 order decertifying the class and reinstated a June 2014 court order certifying the class.

October 2018: The Supreme Court reversed the Ninth Circuit Court of Appeals decision and remanded the case for further proceedings.

February 2018: The company filed a successful Petition for Writ of Certiorari with the United States Supreme Court. (Case No. 17-1094, U.S.).

November 2017: The Ninth Circuit Court of Appeals denied a petition for rehearing en banc.

September 2017: The Ninth Circuit Court of Appeals reversed the district court’s decision to decertify the class and remanded the case for further proceedings.

September 2015: The Ninth Circuit granted a petition to appeal the district court’s decision to decertify the class. (Lambert v. Nutraceutical Corp., Case No. 15-56423, 9th Cir.)

June 2015: The district court denied a motion asking the Court to reconsider its decision to decertify the class.

February 2015: The district court decertified the class in this lawsuit finding that plaintiffs did not present enough evidence to show that damages could be measured on a classwide basis.

August 2013: A class-action lawsuit was filed against Natural Balance, Inc. and Nutraceutical International Corp. for allegedly falsely marketing the dietary supplement Cobra Sexual Energy. Specifically, the plaintiffs allege that the defendants promote the product as “scientifically formulated to improve virility” without scientific evidence to support this claim. (Ortega et al. v. Natural Balance Inc. et al., Case No. 13-cv-05942, C.D. Cal.).


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