Hoffman brought the action under the state’s Consumer Fraud Act. Among other things, Hoffman insisted the the company, Hampshire Labs, promised that its product would “female partners to experience spine-quaking orgasms” and other unrealized benefits.
Here is an excerpt from the opinion:
On November 26, 2007, plaintiff filed a complaint in the trial court individually and on behalf of a class of persons who purchased a product called Herculex. Plaintiff claimed that defendants Hampshire Labs, Inc. and Video Age, Inc. “advertised, promised and represented” to consumers through “print, internet and other media” that the product contained certain ingredients “‘that are quickly transported through the tissues of the penis causing a surprisingly large erection to occur in no time at all[.]'”
According to the complaint, defendants’ advertisements included various statements about the product, including claims that the product would “‘[i]nduce the biggest erections of your life;'” “‘[i]nduce a harder, stiffer, more rigid erection;'” “‘[i]nduce one erection after another;'” and “‘[c]ause female partners to experience spine-quaking orgasms[.]'” These, and other results, were “‘guaranteed.'”
The appellate court upheld the dismissal with the view that Hoffman’s failure to show demonstrable results from the product still failed to show any “ascertainable loss.” It could have been worse: the court could have remanded to allow a motion to sever.
The court however did give Hoffman another chance to amend his complaint against the mail-order health foods supplier, Hampshire Labs Inc. It is hard to believe that Hampshire is not on the up-and-up. After all, their ads have people in white coats and offer such scientifically proven products as “horny goat weed.”
Hoffman pleads to continue and to file a new complaint on behalf of himself and the class of very very disappointed New Jersey men.
For a copy of the opinion, click here.
For the full story, click here.