Cobra Sexual Energy Class Action Gets Recertified

UPDATE: On Oct. 23, 2020, a group of California consumers started seeking approval of a $100,000 settlement that would end a lawsuit claiming Nutraceutical Corp. used false promises of increased virility for men in advertising its “Cobra Sexual Energy” supplement.

A plaintiff alleging that Cobra Sexual Energy supplements are falsely advertised was able to get his proposed Class re-certified by a California federal judge.

The fight over certification of the Cobra Sexual Energy Class began more than five years ago.

The plaintiff sought to represent a Class of people who bought Nutraceutical’s “Cobra Sexual Energy” in California.

The court initially certified the Class in 2014, but later decertified it after U.S. District Court Judge Andre Birotte ruled that the plaintiff failed to explain the calculation of damages.

At this point in the litigation, the court ruled that the plaintiff failed to provide evidence supporting the damages proposed.

According to the court order decertifying the Cobra Sexual Energy class action lawsuit, the plaintiff wanted the defendant to reimburse Class Members based on the average retail price of the supplement. To calculate damages, this price and sales data for Cobra Sexual Energy would be used; however, this information was never provided, said the court.

The decertification was overturned, however, after the Ninth Circuit ruled that Judge Birotte abused his discretion in making that determination.

The defendant Nutraceutical, maker of the Cobra Sexual Energy supplement, appealed the Ninth Circuit’s decision to the U.S. Supreme Court. The Supreme Court determined that the plaintiff had missed the deadline for his appeal to the Ninth Circuit, but did not rule on the substance of the Ninth Circuit’s decision.

Back with Judge Birotte, the recertification of the Class in the Cobra Sexual Energy class action lawsuit was upheld.

“Despite the untimeliness of [the petition], the court has the authority to rescind its decertification order based on new, binding Ninth Circuit law […] following decertification,” wrote Judge Birotte in his order.

According to the Cobra Sexual Energy class action lawsuit, Nutraceutical falsely advertised the supplement as being able to increase a person’s sexual energy. Lead plaintiff, Troy Lambert, alleged that he and other consumers were duped into paying a premium for the product that did not work as advertised and presented a potential health hazard.

The plaintiff pointed to statements on the label, such as “powerful men’s formula” and that the Cobra Sexual Energy supplement will allow consumers “perform [their] best with animal magnetism.” A snake with “clear phallic overtones” graces the front of the supplement bottle, claimed the class action lawsuit, further implying to consumers that the product would improve their sexual ability.

In addition to the mislabeling claims, the Cobra Sexual Energy class action lawsuit alleged that one of the ingredients, yohimbe extract, could cause health problems in some consumers. Lambert contended that this ingredient can contribute to high blood pressure and hypertension under the right circumstances.

Did you purchase Cobra Sexual Energy supplements? Tell us about it in the comments below!

Lambert is represented by Ronald A. Marron of the Law Offices of Ronald A. Marron and Gregory Weston of The Weston Firm.

The Cobra Sexual Energy Class Action Lawsuit is Lambert v. Nutraceutical Corp., Case No. 2:13-cv-05942, in the U.S. District Court for the Central District of California.

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