Pro Tribulus Testosterone Supplement False Ad Class Action Trimmed

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A California federal judge trimmed claims in a class action lawsuit alleging Infinitelabs LLC, a supplement company, mislabeled and falsely advertised its testosterone booster, Pro Tribulus.

In a testosterone product class action lawsuit filed on September 3 of this year, lead plaintiff Darick Dabish alleges that Intinitelabs falsely advertised its Pro Tribulus supplement as a natural way to increase testosterone production. Dabish alleges that he bought Pro Tribulus online from a health website, Bodybuilding.com, because advertising on Infinitelabs’ website said that the supplement would enhance and increase testosterone production, increase muscle mass and helps athletic performance.

Accoring to the testosterone supplement class action lawsuit, Pro Tribulus’ only ingredient is the herb Tribulus terrestris, which is purported to have testosterone production properties and is most often used to treat infertility, erectile dysfunction and low libido. However, Dabish alleges that studies have failed to show the herb’s efficacy in humans. Low testosterone treatments, including supplements and drugs, have come increasingly under fire in recent years. Manufacturers of prescription testosterone drugs are currently facing legal action over alleged testosterone side effects.

Infinitelabs moved to dismiss the class action lawsuit arguing that the Dabish cannot establish that he will suffer future harm based on Infinitelabs’ allegedly false advertising because Dabish has demonstrated he will not buy Pro Tribulus again. U.S. District Court Judge Barry T. Moskowitz agreed with Infinitelabs and dismissed claims of future harm from the class action lawsuit. “It is apparent that [Dabish] has no intention of buying [Infinitelabs’] product again in the future,” Judge Moskowitz wrote in his order. “According to [Dabish],” the judge continued, “the product has no efficacy with respect to providing support for testosterone levels and naturally increasing lean muscle, negating the reasons [Dabish] bought the product.”

Infinitelabs also argued that the studies cited in the class action lawsuit are contradictory and inconclusive, but Judge Moskowitz disagreed and retained the allegations. “These allegations do not assert there is a lack of evidence to substantiate the defendant’s representations,” the judge wrote. “Rather, they assert there is evidence concerning the defendant’s representations, and that the evidence demonstrates the defendant’s claims are false and misleading.”

Infinitelabs also argued the class action lawsuit should be dismissed because the labeling of Pro Tribulus was mischaracterized in the complaint. Infinitelabs argued the plaintiff said the labeling said the supplement purported to “enhance or support testosterone production,” whereas the label actually stated Pro Tribulus “supports natural testosterone production.” Infinitelabs was unsuccessful in that argument as well. Judge Moskowitz pointed out that Infinitelabs also advertised that Pro Tribulus “increase[s] lean muscle naturally,” and since that was included in Dabish’s allegations of false and misleading claims against the company, the claim could be retained. “Despite the occasional misuses of the phrase ‘enhance or support testosterone,’ [Dabish] has sufficiently pled that the labeling on the product contains a misrepresentation,” the judge wrote in his order.

Dabish is represented by Jonathan Shub of Seeger Weiss LLP.

The Infinitelabs Testosterone Booster False Advertising Class Action Lawsuit is Dabish v. Infinitelabs LLC, Case No. 3:13-cv-02048, in the U.S. District Court for the Southern District of California.

If you or someone you know suffered a heart attack, stroke, blood clot, or other injury as a result of using a testosterone gel or cream, legal options are available. Find out if you qualify to pursue compensation for you or your loved one’s injuries at the Testosterone Gel (T-Gel) Lawsuit & Testosterone Cream Side Effects Class Action Lawsuit Investigation.