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Super Beta Prostate False Advertising Class Action Lawsuits

Super Beta Prostate False Advertising Class Action Lawsuits

Parker Waichman LLP is investigating potential class action lawsuits on behalf of consumers who purchased Super Beta Prostate, a product that promises to help men with  prostate issues by improving urinary flow and function. Allegedly, the product was invented by a convicted felon and falsely endorsed by quarterback Joe Theismann. The manufacturer of the product is New Vitality Corp. The doctor who appears in the late-night commercials promoting Super Beta Prostate has recanted his statements and has not practiced medicine since 2009. Evidence strongly suggests that Super Beta Prostate is a dangerous, illegal drug that does nothing to help men with an enlarged prostate. If you or someone you know bought Super Beta Prostate, you may have valuable legal rights. Call Parker Waichman LLP today for a free, no-obligation evaluation of your case.

Research Demonstrates that Super Beta Prostate is an Unsafe and Ineffective Product Invented by a Convicted Felon

About 2 million men bought Super Beta Prostate under the premise that it would help alleviate the symptoms of an enlarged prostate. This condition, known as benign prostate hyperplasia  (BPH), often leads to frequent urination, an urgent need to urinate that cannot be deferred, incontinence and voiding at night. Super Beta Prostate assures its users that it will help them start "getting out of the bathroom and back to your life." Unfortunately, it appears that not only does this product not work, it may actually be dangerous. Super Beta Prostate was created by Roger Mason, a convicted felon who pleaded guilty to conspiracy to distribute PCP. The product is allegedly illegal and contains high amounts of mixed sterols. Among other things, it contains a sterol called B-sitosterol, which was marketed as Harzol and Azuprostat in Europe; these substances are no longer considered appropriate for treating the symptoms of an enlarged prostate, Courthouse News reports. In 1995, a researcher stated that:

"'The effect of phytopharmaceuticals [such as B-sitosterol] on BPH is controversial because no clear mechanisms of action have been established, and their effect has been attributed to placebo responses. ... Since other forms of medical treatment of BPH have been shown to be effective, it is questionable whether phytopharmaceutical drugs should continue to be prescribed.'"

New Lawsuit Alleges that Super Beta Prostate Does Not Help Alleviate Enlarged Prostate Symptoms

On April 8, 2013, a consumer fraud class action lawsuit was filed in California Eastern District Court, Sacramento against New Vitality and quarterback Joe Theismann. The lead Plaintiff alleges that the product is not safe and does not help alleviate symptoms of BPH. "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 suit alleges. The lawsuit also points out that Roger Mason is falsely presented as a “research chemist” even though “he has no training, education or experience relevant to the development of drugs or dietary supplements.”

Touting the inventor as a research chemist is not the only misleading marketing involved with Super Beta Prostate, Floyd claims. Dr. Jeffrey J. Zielinski, who appears in the commercials wearing a white lab coat with a doctor’s office green-screened behind him, falsely endorsed the product, the suit alleges. Zielinski has not practiced medicine since 2009 and has given a sworn declaration stating that his endorsement was an acting role, not a professional medical recommendation. The lawsuit also alleges that Joe Theismann fabricated his endorsement of Super Beta Prostate by claiming his prostate was dysfunctional. However, the complaint alleges that Theismann has never been diagnosed with BPH and that there is no evidence he used the product.

The suit also claims that Super Beta Prostate is illegal because it has never been approved by the U.S. Food and Drug Administration, despite the fact that  under the Food, Drug and Cosmetic Act, it is indeed a drug.

Legal Help for Consumers who Purchased Super Beta Prostate

If you or someone you know purchased Super Beta Prostate, you may have valuable legal rights. Please fill out our online form or call 1(800)-YOURLAWYER (1-800-968-7529) to speak with one of our experienced product liability lawyers today.


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