IntenseX Class Action Heats Up With Push for Class Certification

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The lead plaintiff in a proposed consumer class action lawsuit against San Francisco-based PharmaCare US Inc. 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.

Plaintiff Jonathan Kanfer presented his request for class certification to include anyone in the United States who purchased IntenseX from January 2004 to present, or alternatively any purchaser of the impotence-treatment product in California or Florida within the stated timeframe.

In his updated complaint, Kanfer contends that while PharmaCare may lack complete records of purchasers, it is not infeasible to ascertain Class Members since they can self-identify.

Further, Kanfer says that class certification meets the requirement of commonality because IntenseX labeling has remained the same, deceiving customers into thinking the product is a safe and effective sexual supplement that promises to “intensify endurance, stamina, and sexual performance.”

“While the scope of Defendant’s deceptive advertising campaign is broad, its uniformity compels certification,” Kanfer states. “Whether IntenseX is in fact an illegal product that is ineffective and falsely advertised, are common questions for every class member, which can be analyzed, adjudicated, and remedied on a class-wide basis.”

In January 2015, Kanfer, a resident of Florida, filed the proposed class action lawsuit against PharmaCare for allegedly falsely marketing IntenseX as a product with aphrodisiac properties that increase “Sexual Power and Performance” when, in reality, none of the ingredients in the over-the-counter product provide such benefits.

Kanfer said he relied on the product’s deceptive claims when he bought a bottle of IntenseX with 20 tablets for about $9.99 from a Public Market store in West Palm Beach four times between October 2013 and January 2014.

The plaintiff also claims that although the product is sold as a dietary supplement, IntenseX is actually a misbranded aphrodisiac drug product that requires approval of the U.S. Food and Drug Administration.

PharmaCare argued for dismissal of the lawsuit, challenging that Kanfer’s claims were moot under the Food, Drug and Cosmetic Act and lacked substantiation. The company further contended that since Kanfer was a resident of Florida where he purchased IntenseX, he was ineligible to sue in California court.

However, U.S District Judge Marilyn L. Huff denied PharmaCare’s motion to dismiss, ruling that there were no clear differences between Florida consumer protection laws and California’s.

In his updated argument, Kanfer asserts that because PharmaCare is located in California, it’s deceptive and misleading advertising stems from its San Francisco base, making California consumer laws applicable.

The proposed class action lawsuit claims PharmaCare violated California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. Additionally, the plaintiff is asserting claims under the Florida Deceptive and Unfair Trade Practices Act.

Kanfer is seeking nationwide class certification along with actual and punitive damages. He is also asking the court to compel PharmaCare to stop marketing IntenseX using false claims and conduct a “corrective advertising campaign.”

The plaintiff is represented by Ronald A. Marron, Skye Resendes and William B. Richards Jr. of the Law Offices of Ronald A. Marron APLC, and Gregory S. Weston and David Elliot of the Weston Firm.

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 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.