ARTICLE
11 April 2018

Ninth Circuit Partially Reverses Summary Judgment For OTC Aphrodisiac Drug

FK
Frankfurt Kurnit Klein & Selz

Contributor

Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Plaintiffs John Sandoval and Jonathan Kanfer brought a class action complaint against PharmaCare US, alleging false advertising and unfair competition related to Defendant's over the counter aphrodisiac drug "IntenseX."
United States Media, Telecoms, IT, Entertainment

Plaintiffs John Sandoval and Jonathan Kanfer brought a class action complaint against PharmaCare US, alleging false advertising and unfair competition related to Defendant's over the counter aphrodisiac drug "IntenseX."  Recently, the Ninth Circuit affirmed in part and reversed in part the lower court's decision granting the defendant summary judgment.  Here are some key points from the decision. 

The Ninth Circuit affirmed the lower court's decision to grant summary judgment on the false advertising claim for statements made on the company's website, because the plaintiffs had said that the website did not effect their decision to purchase the product.   

In contrast, the Ninth Circuit reversed the lower court's order granting summary judgment on the false advertising based on allegedly false claims that were made on the IntenseX product label. The label stated that IntenseX would "intensify" a consumer's "endurance, stamina, and sexual performance."  The label also included a seal indicating that IntenseX was "Laboratory Quality Tested." The Ninth Circuit held that these statements were advertising claims that were sufficient to create a genuine issue of fact for the jury. 

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More