April 2016: The Ninth Circuit Court of Appeals revived one of the named plaintiff’s claims finding that he had standing to sue because his refund was issued after he joined the lawsuit. This claim was sent back to the district court.

February 2014: A federal judge dismissed a class-action lawsuit filed against New Vitality for allegedly falsely advertising Super Beta Prostate.

The 2013 complaint alleges, among other things, that SuperBeta Prostate is marketed as “an all-natural solution to prostate enlargement” and a way to treat benign prostate hyperplasia (“BPH”) when, in reality, it is unsafe and ineffective. In addition, plaintiffs claim that the company falsely represents that a doctor endorses the product when, in reality, the endorser is an actor, and that an endorsement by Joe Theismann (a Super Bowl quarterback and sportscaster) is “completely fabricated” because he does not use the product and has not been diagnosed with BPH or its symptoms. To learn more about each allegation and read the full complaint, click here.

The lawsuit was dismissed because, among other things, the company had already provided plaintiffs with refunds and plaintiffs did not have standing to seek injunctive relief. (Luman et al v. NAC Marketing Company, LLC d/b/a New Vitality and Joe Theismann, Case No. 13-cv-00656, E. D. CA.).


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