CSPI Files Complaint with FTC Over Sex-Enhancing Supplements 35533

October 11, 2004

3 Min Read
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CSPI Files Complaint with FTC Over Sex-EnhancingSupplements

WASHINGTON--The Center for Science in the Public Interest(CSPI) (www.cspinet.org) filed a complaintSept. 23 with the Federal Trade Commission (FTC) citing false advertisementclaims in advertisements for Cincinnati-based Berkeley Premium NutraceuticalsInc.s herbal sexual-enhancement supplement Enzyte, an herbal supplementmarketed to improve the quality of mens erections.

The letter, signed by CSPIs senior staff attorney Benjamin Cohen and CSPIssenior nutritionist, David Schardt, urged FTC to immediately enjoin Enzytesnational television advertisements.

The overall net impression of the claims in the advertisements for Enzyteindicates they are clearly deceptive, and so we urge the FTC to halt Berkeleysadvertisements for Enzyte, the letter read.

CSPI claims one advertisement for Enzyte (shown on Late Night with Conan OBrienon Aug. 17) explicitly states it is for natural male enhancement andrefers the viewer to Enzytes Web site (www.enzyte.com)."

Enzytes Web site, according to the letter, also is deceptive. For example,one testimonial reads: The increase in size and sensitivity are apparent.Kevin D., actual Enzyte customer. However, on About Enzyte page, itreads: To understand what Enzyte can do for you, its first important tounderstand what it cant do. Enzyte will not alter the size or shape of thepenis. Also, Enzyte is not for use in treating sexual dysfunction or any medicalcondition. Enzytes label claims are stimulates blood flow, creatingfirmer, fuller erections for a more satisfying sexual experience.

Moreover, the site also includes a customer survey, titled EnzyteConfidential Customer Survey, 2001-2002, which states: Question: Have youexperienced gains in the size and/or fullness of your erection? Answer:Yes--97 percent, No--9 percent, although the product disclaimer says the Enzytecannot provide these benefits.

Berkeley Premium Nutraceuticals stands behind the Enzyte formula,Berkeley Premium Nutraceuticals said in a statement.  Enzyte hasbeen an extraordinarily successful product for one reason--it works. Theproducts popularity alone is evidence that it is more than a mereplacebo. Moreover, contrary to the CSPI report, Berkeley does possessscientific evidence supporting the safety and efficacy of the ingredientscontained in the product. Enzyte was formulated to help, among otherthings, promote blood flow, thereby enhancing the male sexualexperience. The company does not claim that Enzyte will increase penis sizeor treat sexual dysfunction.

Class-action suits were filed in March 2004 against Berkeley by dissatisfiedpurchasers of Enzyte in both Ohio and California. In response to a request fromthe Cincinnati Better Business Bureau (www.search.cincinnati.bbb.org),which has processed 3,478 complaints since Berkeleys BBB file was opened inSeptember 2001, Berkeley sent the BBB a statement in February 2003 which read:Regarding your request for registration information for the product with theFood and Drug Administration (FDA), our product is categorized as an all-naturalsupplement and therefore does not require FDA approval.

In response to a request from BBB to supply the results of all medicalstudies testing Enzyte, Berkeley responded that it only had studies relating tothe efficacy of Enzytes ingredients--not the product itself. In addition, inApril 2004, the BBB requested substantiation of performance claims for thecompanys other products and has not received a response to date.

CSPI found little or no evidence that many common ingredients in sex pills,including ginkgo, horny goat weed, maca, or Tribulus terrestris improvedsexual desire or performance. According to CSPI, ginseng may help some men witherectile dysfunction (ED), but only in large amounts of a specially processedform of the herb not usually found in these supplements. Also, yohimbe is anatural source of the alkaloid yombine, which is sometimes prescribed as apharmaceutical for ED and may cause sudden spikes in blood pressure.

The FDA and the FTC have been lax when it comes to policing theseso-called sex supplements, Schardt said, calling Enzyte and othersexual-enhancement supplements basically just an expensive placebo.

Until they act, consumers are best advised to drag any unsolicited e-mailsfrom Mr. Gigantic or Mr. Thick from the inbox to the trash,Schardt added.

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