A bitter Pill to Swallow
Oregon Attorney General Hardy Myers has sued an Ohio group best known for marketing a "male-enhancement pill" called Enzyte in a television ad featuring a character called Smiling Bob.
The suit accuses Steve Warshak of Cincinnati and his firms Berkeley Premium Nutraceuticals, Lifekey, Boland Naturals, Warner Health Care and Wagner Nutraceuticals of overcharging and misleading consumers who bought herbal supplements. The suit was filed Wednesday in Marion County Circuit Court. "More than 100 Oregon consumers complained to our office and the Better Business Bureau about being enticed with the promise of a free trial offer only to be billed for pill shipments that they had not ordered," Myers said.
In addition to Enzyte, the defendants promoted herbal supplements claiming to increase libido in women, improve night vision and memory recall, help with weight control and increase energy.
"These companies inundated our state with outrageous claims about herbal remedies and were unable to back them up with scientific evidence," Myers said. "This type of marketing will not be tolerated in our state." Products sold by the Warshak companies include Altovis, Avlimil, Avlimil Complete, Dromias, Enzyte, Mioplex, Ogoplex, Numovil, Pinadol, Prulato, Rogisen, Rovicid, Suvaril, Nuproxi and Rudof. The lawsuit seeks restitution for all victims and seeks a permanent injunction barring Warshak and his companies from operating any business in Oregon that deals with prescription and non-prescription drugs, nutritional supplements or any products that claim to cure or prevent diseases in humans.
The lawsuit also seeks $25,000 in civil penalties for each Unlawful Trade Practice violation and reasonable attorney fees.
Attorneys Generals in Illinois, North Carolina, Ohio, Texas and Arkansas have filed similar suits against Warshak's herbal-supplement businesses.
Sam Fields
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