IntenseX False Advertising Claims Lack Power And Performance

Last month, in Kanfer v. Pharmacare US, Inc., U.S. District Judge Marilyn Huff of the Southern District of California dismissed on what were essentially puffery grounds a consumer suit styled as a class action alleging that defendant PharmaCare falsely advertised its nutritional supplement, IntenseX, as an aphrodisiac that "would improve. . .sexual power and performance." This decision contrasts with another decision we covered two years ago in which a judge in the Central District of California held that claims for a sex enhancement pill were not mere puffery.

The IntenseX packaging at issue contained statements including "Sexual Power and Performance," "Fast Acting!" and "designed to intensify your endurance, stamina, and sexual performance."  PharmaCare moved for summary judgment asserting that these statements were too vague and generalized to be actionable.