Los Angeles, CA: Magna-Rx Inc, is facing a proposed consumer fraud class action lawsuit alleging the labeling on its male strength and performance enhancement supplement misleads consumers by implying it is an effective aphrodisiac.
According to the lawsuit, the company falsely markets "Magna-Rx+"as a medically endorsed aphrodisiac, although the supplement, a blend of herbal and root extracts, has never been scientifically studied, and there is no proof that its ingredients have an effect on male strength and performance.
Further, the lawsuit states that "no reliable scientific studies have been done to show that the product, or any of its ingredients, have any effect on the size of the penis,"the complaint states.
According to the lawsuit, the Magna-Rx+ label contains the phrase "Dr. Aguilar' Original," suggesting that Magna-Rx was developed by medical professionals. However, Dr. Aguilar is not a licenced medical practitioner in the US, but has a small storefront 'alternative medicine' clinic in Mexico. And, no one from Magna-Rx has ever interacted with Aguilar.
Additionally, the complaint cites the phrase "Real Doctors, Real Results,"which appears on the product labeing and suggests Magna-Rx+ is medically endorsed. According to the suit, the "Rx"in the product' name further implies that it is prescription-strength, and "Magna"indicates that it is effective in increasing male strength and performance.
In the complaint, Trevor Dixon, the plaintiff, states that he purchased Magna-Rx+ for $50 in March 2013, from a GNC. In January 2014 Dixon discovered the company had violated California' unfair competition and false advertising laws and Consumer Legal Remedies Act, as well as the Federal Food, Drug and Cosmetic Act, by marketing the supplement as an aphrodisiac. Further, as an over-the-counter drug sold as an aphrodisiac, Magna-Rx+' label should have been evaluated by the U.S. Food and Drug Administration, the complaint states.
"Magna-Rx+ includes the ingredients: horney goat weed, muira puma, Asian ginseng, oat straw and catuaba. However, none of these are safe and effective for OTC use as an aphrodisiac,"the suit states. "The FDA bars these false, misleading and unsupported by scientific data label claims."
The complaint also notes that the president of Magna-Rx testified in a deposition that the company never scientifically tested Magna-Rx+' efficacy. Only a few ingredients may be effective at treating certain conditions, none of which includes male virility, according to the suit.
"Further, consuming such random herbs and herbal extracts presents a risk of an allergic or other adverse reaction without any offsetting benefit,"the complaint states.
The case is Dixon v. Magna-Rx, Inc., case number 2:14-cv-07196 in the U.S. District Court for the Central District of California.
Trevor Dixon is represented by Ronald A. Marron, Skye Resendes and Alexis M. Wood of the Law Offices of Ronald A. Marron APLC.
