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Originally Posted by JaceXXX
i actually read an article lately where someone was suing an affiliate (and program) for selling a penis enlarging pill...i will see if I can dig it up...i am pretty sure it was a group of people doing the suing
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This may have been it.. I read an article in a magazine or newspaper several months back as well.
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"Long before federal agents raided its Forest Park headquarters in March, Berkeley Premium Nutraceuticals touted its flagship product, Enzyte, as a cure for under-endowed men.
"Maximize the pleasure," says the Enzyte ad that ran in Men's Health magazine in late 2001. "Over the course of the eight-month program, your erectile chambers, as well as your penis, will enlarge up to 41 percent." Enzyte's "success rate," the ad said, was 98.3 percent.
But with each passing year, Berkeley has reined in the claims. Today, the company simply labels Enzyte, perhaps the most widely advertised product of its kind, as a "natural male enhancement" for "firmer, fuller-feeling erections."
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The toning down of Enzyte's claims occurred as authorities began paying more attention to similar products:
Last July, two principals of an Arizona herbal supplements company named C.P. Direct were sentenced to six months in jail after they pleaded guilty to fraud and money laundering.
Before the state Attorney General's office shut it down in 2002, C.P. Direct sold not only a male product called Longitude but also products that promised to grow breasts, grow hair, increase height and improve one's golf game. A receiver is still at work trying to recover $60 million in assets to pay back customers.
Last month, a Mississippi woman pleaded guilty to federal wire fraud for selling about $6 million worth of sexual enhancement products for men and women between 1998 and 2001. She was indicted for conspiring to sell the products with what the government called "reckless disregard as to the truth about the ability of the supplements" to do what was claimed. The plea agreement requires Angela Lane to spend three years in prison and pay $1.8 million in restitution. Her husband, Steven Lane, pleaded guilty last year to conspiracy to commit fraud and is awaiting sentencing.
Meanwhile, Berkeley faces a civil class-action lawsuit filed in Montgomery County, Ohio, in March 2004. The suit, which is pending, alleges that Enzyte failed to live up to advertised claims of a size increase within six weeks.
On March 16, local police joined four federal agencies - the U.S. Postal Inspection Service, FBI, IRS and Food and Drug Administration - in conducting a search of Berkeley's headquarters for evidence of fraudulent activity. No charges were filed, but the fact that the Postal Service took the lead suggests the government considers Berkeley's credit card-billing and refund practices as its main point of vulnerability.
full article
I believe the big issue here is false advertising rather than any of the herbals themselves being illegal.