Overview of the Phoenix ED Device Lawsuit
The phoenix ed device is a male sexual wellness product made by California-based company Nutraceutical. It is marketed as a natural alternative to pharmaceutical medications for treating erectile dysfunction (ED).
In 2022, Nutraceutical was hit with a major false advertising lawsuit regarding claims it made about the phoenix ed device. The lawsuit alleged that Nutraceutical made unsubstantiated claims about the device’s safety and effectiveness.
The plaintiffs – customers who purchased the product – accused the company of using deceptive marketing tactics and failing to disclose health risks. The lawsuit is seeking damages for California consumers who bought the phoenix ed device based on the allegedly misleading representations.
Background on the Phoenix ED Device
The phoenix ed device is a battery-powered plastic ring that fits at the base of the penis. It claims to treat ED and improve sexual performance by using low-frequency vibration and infrared heat therapy.
Nutraceutical marketed its product as having “no side effects” and providing “instant results” for ED issues. The official website made bold claims about its clinical testing and medical safety.
Over 100,000 phoenix devices have been sold to date. The lawsuit contends that many customers would not have purchased the $300 device if Nutraceutical’s advertising claims were not misleading.
Key Allegations Against Nutraceutical
The class action lawsuit filed by law firm Peiffer Wolf Carr Kane & Conway makes several key allegations about the safety, efficacy and marketing tactics used to sell the phoenix ed device:
Unsubstantiated Claims: The lawsuit alleges that Nutraceutical made multiple health claims surrounding the phoenix device without possessing competent or reliable scientific evidence. Statements on improved sexual function, stamina and sensation were unproven.
No FDA Approval: Nutraceutical claimed in its advertising that the product met FDA regulations. However, it failed to disclose that the phoenix device was never cleared or approved by the U.S. Food and Drug Administration. The product was illegally marketed as FDA compliant without proper review.
Undisclosed Health Risks: The plaintiffs allege that Nutraceutical did not properly warn consumers about potential adverse effects from use of its product, including penile pain, irritation, blisters and discoloration. Many customers experienced painful results.
Refusal to Issue Refunds: The company claimed a 60-day “risk free guarantee”. However, the lawsuit alleges Nutraceutical routinely refused refund requests within the 60 day window, failing to honor its refund policy as advertised.
Progress of the Lawsuit
In August 2022, the class action lawsuit was filed in California state court against Nutraceutical and its founder, Dwayne Gutierrez. Nutraceutical attempted to have the lawsuit moved to arbitration, but the judge ruled against this motion in November 2022.
As of late 2022, the case remains active on behalf of potentially “tens of thousands” of phoenix device customers misled by false marketing. The lawsuit is progresses towards class certification and formal discovery. There have been no substantive rebuttals yet from Nutraceutical.
A recent ruling allowed the plaintiffs to revise their lawsuit to seek over $5 million in damages. The legal process could eventually lead to a settlement or jury trial if not dismissed beforehand based on evidence. Patients represented warn that the company has continued selling its product using misleading health claims despite the ongoing lawsuit.
FAQs About the Lawsuit
Q: Who is being sued?
A: The defendants are Nutraceutical Corporation and its CEO Dwayne Gutierrez. This California company sells the phoenix ED device.
Q: Why are they being sued?
A: For falsely advertising the phoenix device using unsupported health claims, failing to warn of side effects, improperly stating FDA approval, and refusing to honor refunds, misleading consumers.
Q: What damages are plaintiffs seeking?
A: At least $5 million in damages to compensate for deceptive practices and false advertising under various California consumer protection laws.
Q: How many potential class members are there?
A: Potentially tens of thousands of customers who purchased the phoenix ed device after being exposed to false representations as part of Nutraceutical’s nationwide marketing campaign over several years.
Q: What is the current status of the lawsuit?
A: The class action is active in Los Angeles court. The judge denied forced arbitration allowing the complaint to move forward towards class certification and formal discovery/evidence collection. No trial date set yet.
Q: What defenses has Nutraceutical raised?
A: So far, no substantial rebuttals to the core allegations have been revealed. The company tried to avoid litigation by compelling private arbitration but failed in that request. Their defense arguments remain to be seen.
Q: Can I join the class action if I purchased a phoenix device?
A: Yes, potentially. Those misled by Nutraceutical’s advertising into paying $300 could receive part of any damages awarded if added to the certified class. Consult the law firm Peiffer Wolf for specifics on eligibility.
Q: Have similar false ad cases resulted in victories?
A: Yes, a nearly identical 2021 case over the Ekstensive Metal Works Lawsuit male enhancement supplement resulted in $3 million settlement for consumers. Deceptive ED product health claims often draw legal scrutiny and class action damages.
