Extenze will pay $6 million to settle a false advertising class action lawsuit — of course the pills don’t work! — so it seems appropriate to reopen my invitation to the FTC to go after the company’s spokesman, former Dallas Cowboys head coach and current Fox NFL Sunday host Jimmy Johnson.
Johnson signed on as Extenze’s celebrity endorser just weeks after the FTC published new rules that hold liable any celebrity who is paid to tout a product they know doesn’t work. Now we know Extenze does not work. So Johnson has potential legal liability for breaking FTC regs.
In fact, Extenze no longer claims to do much of anything. On its web site, it makes some vague statements about “male enhancement” and “enhanced sexual pleasure” but the key words are at the bottom of each page:
These statements have not been evaluated by the Food and Drug Administration. ExtenZe® is not intended to diagnose, treat, cure, or prevent any disease.
That legal boilerplate is a virtual confession to false advertising by the companies that use it. Previously, Extenze’s ads made some laugh-out-loud false claims such as:
http://www.bnet.com/blog/advertising-business/extenze-settles-a-false-advertising-suit-now-the-ftc-should-go-after-jimmy-johnson/6751http://www.extenzesettlement.com/faq#Q1On May 29, 2009, Plaintiffs filed a Complaint alleging that the Defendants violated California's Unfair Competition Law, the California Consumer Legal Remedies Act, and various "common law" duties to provide consumers with accurate and truthful advertising. In other words, Plaintiffs claim that Defendants' advertising of ExtenZe violated those laws. Plaintiffs seek injunctive relief and monetary damages for themselves and for members of the Class. Plaintiffs allege that Defendants' conduct is governed by California law, and thus California law should apply to all claims, regardless of where the injury occurred or where any particular class member lives.
In their Complaint, the representative Plaintiffs allege that the Defendants made material misrepresentations and false claims in their advertising, promotion, and marketing of the "male enhancement" pill ExtenZe. For example, Plaintiffs allege that Defendants' claim that ExtenZe will increase the size of a man's penis are false and not supported by any credible scientific evidence. Defendants' position is that ExtenZe and its benefits are accurately described in the advertising, and that Defendants acted properly. The named Defendants are Biotab Nutraceuticals, Inc., Dish Direct, Tamara Gibson, Robert Winter, Jr., and Robert Winter, Sr.
By order dated February 5, 2010, the Honorable Yvette M. Palazeulos of the Superior Court for the State of California, County of Los Angeles, granted Plaintiffs' Motion for Class Certification, certifying all causes of action for collective treatment. As noted, the matter is now proceeding as a certified class action affecting members of the Class nationwide. The Court has appointed Plaintiffs Edward Williams, Michael Thompson, Keith Senkowski, Vance Monroe, and Herbert Gelman to be the Class Representatives in this action.
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