Tuesday, October 31, 2006

Smiling Bob Lawsuit

(Dayton, Ohio) Montgomery County Common Pleas Court Judge John W. Kessler approved a $4.7 million class-action settlement of a lawsuit brought against the company marketing the sexual enhancement herbal supplement that is known for its "Smiling Bob" commercials.

Cincinnati-based Berkeley Premium Nutraceuticals settled without admitting liability.

From WDTN.com:
"The court approved the creation of a settlement fund of $4.7 million and they'll be a claims process and a notice sent out. And individuals who were affected will have an opportunity to make a claim," Attorney Jeff Goldenberg told 2News.

More than 1.5 million men said the all-herbal natural male enhancement supplement known as Enzyte did not work for them. But they said they could not get their money back from Berkeley Nutraceuticals.

Goldenberg said this settlement will get them a refund, and also dismiss federal fraud charges against Berkeley. "When you think you've been harmed by a company, regardless of how small the damage, there is mechanisms in the legal process to assist you and others whether its ten others or five million other people."
After you subtract the lawyers' take, the amount left for the 1.5 million men who found the product ineffective comes to under $2 apiece. Also, taking into account the postage required to file a claim, each individual victim is left with about one limp dollar.

Consequently, one might contend that the adjudication of the case resulted in little more than irony. Even the settlement wasn't stiff.

Heh.

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