Sarah Mirando  |  April 8, 2013

Category: Consumer News

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Super Beta ProstateFamed quarterback Joe Theismann and supplement maker New Vitality Corp. are accused of selling millions of bottles of a phony prostate drug that was created by a convicted felon, in a new class action lawsuit filed Thursday.

Lead plaintiff Floyd Luman says the defendants’ Super Beta Prostate is an unsafe and illegal drug that does nothing to alleviate the symptoms of benign prostate hyperplasia (“BPH”) for which it is marketed to treat.

According to the class action lawsuit:

“Defendants’ marketing and promotion of Super Beta Prostate is an elaborate hoax involving a falsified medical endorsement by Dr. Jeffrey J. Zielinski, and false claims that the product will treat the symptoms of BPH. The product was created by Roger Mason, a convicted felon who pleaded guilty to conspiracy to distribute PCP. Defendant New Vitality describes Mr. Mason as a ‘research chemist.’ His latest concoction, Super Beta Prostate, is an illegal drug that contains dangerously high doses of mixed sterols, including B-sitosterol, a drug that has been marketed in Europe under the trade names Harzol and Azuprostat. These compounds are no longer considered suitable for treatment of BPH.”

The Super Beta Prostate class action lawsuit says Joe Theismann “has never been diagnosed with BPH or its symptoms. Nor was he a bona fide user of Super Beta Prostate. His statements concerning his symptoms are completely fabricated.”

The class action lawsuit further claims that Dr. Zielinski, who appears in commercials endorsing Super Beta Prostate, has submitted a sworn declaration to the class counsel stating he is an actor and has not practiced medicine since 2009.

Zielinski says in the sworn document that he was a hired actor who was told to wear a white doctor’s coat with his name on it and read a teleprompter in front of a green screen. It was only after the commercials for Super Beta Prostate aired that he realized a doctor’s office had been superimposed on the green screen.

“I did not intend to provide medical advice to anyone, or to provide a medical endorsement of the product,” Zielinski says in the statement. “If I were a practicing physician, I would not [XX] recommend Super Beta Prostate for the treatment of BPH or its symptoms [or] to anyone for any purpose.”

“I believe [Super Beta Prostate] is unsuitable for the treatment of BPH, and possibly unsafe because it is a formulation that has never been studied and it includes mixed sterols in very high doses that could cause significant adverse events,” Zielinksi continues.

The class action lawsuit is seeking to represent all persons in the U.S. who purchased Super Beta Prostate. It is seeking compensatory and punitive damages, restitution, injunctive relief and more for violations of the Magnusson-Moss Warranty Act and California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law; breach of express and implied warranty; and unjust enrichment.

The Super Beta Prostate Class Action Lawsuit case is Floyd Luman v. New Vitality Corp. and Joe Theismann, Case No. 13-cv-656, California Eastern District Court, Sacramento.

 

UPDATE: A federal judge dismissed the Super Beta Prostate class action lawsuit on Feb. 4, 2014, ruling the plaintiffs lacked standing to pursue damages.

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5 thoughts onSuper Beta Prostate False Advertising Class Action Lawsuit

  1. Bernie Williams says:

    I will tell every man not to deal with any of those super beta prostate medicines or any other prostate medicine it is not safe and with some of my friends cause cancer I have had a prostatectomy completed in December of 2020

  2. Anomouus says:

    My husband had been taking them and now has prostate cancer.

  3. Kevin Rowan says:

    I stopped taking them because something didn’t seem quite right. I had to close out my card because they kept charging me. Even after I closed out my card the kept sending me emails saying they needed a way to continue the auto ship which Inever signed up for. I refused to give them any information.

  4. Julie says:

    They are still advertising. Saw ads on The History Channel last night.

  5. HORTON SINGLETON says:

    I have been taking these pills and now I have a tightness around my waist.

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