FDA Uncovers Illegal Drug Claims on Some Sexual Enhancement Products

Using alternative medicine to treat sexual shortcomings is a multi-billion dollar industry in the United States. However, alternative medicines fall into a tricky area of the law. Such products are permitted, so long as their claims are not fraudulent, and do not stray into true drug claims.

Many people have turned to alternative medicine in recent years. However, within the framework of this largely unregulated industry, many untested and possibly ineffective products have hit the market. Over the counter sexual enhancement products are of particular concern.

Over-the-counter products designed to enhance sexual performance come in several forms, for several different ailments. Some purport to treat erectile dysfunction. Others allegedly treat a lack of sexual interest, or enhance sexual pleasure. These products may take the form of “energy shots,” pills, or “arousal gels.” Such products have become increasingly popular in recent years, as people experiment with non-western medical practices.

However, some of these purposes may stray into a type of marketing statement called a “drug claim.” Drug claims are statements indicating that a product can alter a person’s physiology, making it a drug. For example, if a product claimed to “increase blood flow” or other internal effects, it could very easily be straying into the realm of drug claims. Similarly, a product proclaiming to treat erectile dysfunction would likely be entering into the realm of drug claims. Legally, a product can only make drug claims if it has been subjected to testing for safety and efficacy. In the absence of such testing, it is illegal for a manufacturer to make such claims. Violating these regulations can carry a variety of punishments, including fines, seizure of the products, and possibly even criminal penalties.

Despite this, the U.S. Food and Drug Administration (FDA) frequently uncovers illegal drug claims for sexual enhancement products. The FDA’s website includes dozens of warning letters, advising manufacturers that their claims violate regulations and laws. However, audits by the FDA and related entities revealed widespread suspect drug claims on various alternative medicines supplements, including sexual enhancement products.

Lawsuits have been filed against the manufacturers of sexual enhancement products. These lawsuits allege that the manufactures made claims above and beyond the capabilities of their products. For the most part, these lawsuits hinge on the efficacy and marketing of sexual enhancement products, rather than their safety. These lawsuits seek to recoup the cost of the products.

If you’ve purchased sexual enhancement products, you may be entitled to compensation. Though it may be embarrassing to admit that you used a sexual enhancement product, or that you believe you’ve been duped, part of what scammers bank on is you not coming forwards. But there are steps that you can take to regain a measure of control over your situation. You can start to explore your options by visiting the Sex Enhancement, Sexual Arousal Products Class Action Lawsuit Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type of litigation. The initial consultation is completely free of charge, and from here, you can receive additional guidance on the best steps to take in your exact situation.