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Magna-Rx Inc. has been hit with a false advertising class action lawsuit over claims that its Magna-Rx+ dietary supplement has beneficial health and aphrodisiac properties that improve male performance. The class action lawsuit alleges the supplement contains no ingredients that could provide these advertised benefits.
The Magna-Rx class action lawsuit was filed Monday by plaintiff Trevor Dixon, and asserts claims for violations of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act. Dixon claims that he “read, believed, and relied upon” Magna-Rx’s advertisements about the alleged benefits of the Magna-Rx+ supplement. He alleges the product labels violate the federal Food, Drug and Cosmetic Act (FDCA).
“Defendant prominently labels its product under the name ‘Magna-Rx+’ implying that it is of ‘Rx’ strength despite that it fails to increase male strength and performance and is not effective as an aphrodisiac,” the class action lawsuit says. Dixon also takes issue with the subheading on the label that reads, “Dr. Aguilar’s Original.” He alleges that Dr. Aguilar had no role in the development of the supplement and, furthermore, is not even licensed to practice medicine in the United States.
Dixon alleges he paid around $50 for Magna-Rx+ from a GNC store in Inglewood, Calif. in March 2013. He says he discovered the labels on the product were untrue in January 2014. According to the false advertising class action lawsuit, he exercised reasonable diligence when purchasing Magna-Rx+, but was unaware that the product labels were false and/or misleading.
According to the Magna-Rx class action lawsuit, the product’s label intentionally misleads consumers with the claim “Real Doctors, Real Results.” Dixon alleges this claim suggests that the product has been recommended and/or endorsed by several doctors. However, the class action lawsuit asserts that Magna-Rx+ has never been endorsed or recommended by any doctors. Further, the company’s president reportedly admitted in deposition testimony that Magna-Rx did not conduct any scientific testing regarding the supplement’s efficacy.
Dixon says he purchased the product based on the representation that it was a doctor-approved supplement that had powerful aphrodisiac qualities and would improve male strength and performance. However, the class action lawsuit alleges that Magna-Rx+ “did not deliver the purported benefits, there is no evidence the ingredients in Magna-Rx+ could provide the claimed benefits, and the ingredients may actually impose an unreasonable risk of danger.”
According to the Magna-Rx class action lawsuit, Dixon would have either paid less for the product or chosen not to purchase it at all if he had known the label included false and misleading statements.
Dixon seeks an order compelling Magna-Rx to stop using the allegedly misleading statements in its marketing materials and requiring the company to issue a corrective advertising campaign.
Dixon is represented by Ronald A. Marron, Skye Resendes and Alex M. Wood of the Law Offices of Ronald A. Marron APLC.
The Magna-Rx+ False Advertising Class Action Lawsuit is Dixon v. Magna-Rx Inc., Case No. 2:14-cv-07196, in the U.S. District Court for the Central District of California.
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