IntenseX Maker Hit With False Advertising Class Action Lawsuit

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Last week, PharmaCare US Inc. was hit with a class action lawsuit accusing the company of falsely advertising its dietary supplement IntenseX.

Lead plaintiff Jonathan Kanfer alleges that PharmaCare advertised IntenseX as a sex enhancer without approval from the U.S. Food and Drug Administration (FDA) and misled consumers into believing the supplement would help them improve their sexual performance.

Kanfer alleges PharmaCare told consumers that the supplement was “designed to intensify your endurance, stamina and sexual performance” and that the product would help them “achieve peak performance to maximize the experience when you want it most.”

“Defendant prominently labels its product under the name ‘IntenseX’ implying that the product’s ingredients will help a user to have intense sex despite that the product fails to increase sexual power and performance and [is] not effective as an aphrodisiac,” according to the false advertising class action lawsuit.

Kanfer alleges that he purchased IntenseX because of its marketing claims approximately four times in 2013 and 2014. He claims that he believed it would act as a powerful aphrodisiac, but the supplement failed to provide him his desired results.

According to the false advertising class action lawsuit, PharmaCare distributed, marketed and sold IntenseX nationwide online and at retail stores in bottles of 20 tablets for $9.99 a bottle.

Kanfer alleges that there is no compelling research that shows the product’s herbal ingredients increase male sexual performance or desire. “While a few unreplicated scientific studies suggest ingredients in the product may, in necessary amounts, have benefits to sufferers of certain specific conditions, many of the ingredients in the product appear to have never been studied at all or have otherwise been shown to have any effect on the human body, much less to increase sexual power and performance,” alleges the plaintiff in the IntenseX class action lawsuit.

The plaintiff further alleges that PharmaCare should have sought FDA approval before marketing the drug as an aphrodisiac to the public, pointing out that the drug could cause allergic reactions, in addition to the false advertising. He also claims that PharmaCare’s marketing of IntenseX as a male sexual stimulant violates the State of California’s Consumer Legal Remedies Act, unfair competition, and false advertising laws.

The IntenseX class action lawsuit proposes a Class of anyone in the United States who purchased the product within the past four years. The plaintiff seeks an injunction against the PharmaCare to stop using the alleged misleading marketing tactics and court order requiring PharmaCare to conduct a corrective advertising campaign. For the proposed Class, Kanfer seeks refunds to those who purchased the product in the past four years, plus interest, and for PharmaCare to destroy all allegedly misleading and deceptive marketing materials.

Kanfer, who is a Florida resident, claims that California is the appropriate place for this class action lawsuit against PharmaCare, a Delaware company, because “many of the acts and transactions giving rise to this action occurred in this District because all marketing and advertising decisions relating to the IntenseX product occurs within the County of San Diego and within this judicial district.”

Kanfer is represented by Ronald A. Marron of the Law Offices of Ronald A. Marron APLC.

The IntenseX False Advertising Class Action Lawsuit is Kanfer v. PharmaCare US Inc., Case No. 3:15-cv-00120, in the U.S. District Court for the Southern District of California.

UPDATE: On May 9, 2016, the lead plaintiff submitted updated arguments that his claims of deceptive advertising involving the company’s IntenseX homeopathic sexual supplement are common enough to warrant nationwide class certification.

UPDATE 2: On Sept. 15, 2016, PharmaCare US Inc. is seeking dismissal of an IntenseX class action lawsuit that alleges the herbal sexual supplement doesn’t do what its labeling claims it will.