AMC Enzyte Advertising Is A Scam-Execs In Jail

Effectiveness

Currently, the effectiveness of Enzyte is unproven. The Center for Science in the Public Interest has urged the Federal Trade Commission (which has power under federal law to regulate advertising) to disallow further television advertising for Enzyte, because of a lack of proper clinical trials. They have settled with the Attorneys General of various states and have altered their advertising in a more truthful fashion. Substantiation for the brand is on file for each claim. The company now offers a 60 day return policy on unopened products.

Enzyte originally advertised that use of the Enzyte product would promote permanent physical penile growth, or the company would return purchasers double their cost. Those who attempted to collect this refund claim they either received a partial refund or were duped into signing away the right to a refund. Enzyte advertising was changed to state that the product is intended to create a firmer erection by temporarily increasing blood flow to the penis. The advertising change was made after lawsuits against the company and its rebate policies began to surface. No evidence exists that proves Enzyte to be effective in any of its claims. The product advertising states in small print that it "is not intended or promoted to diagnose, or treat any disease" and since ED (Erectile dysfunction) is a recognized disease, the advertising is considered legal.

A current civil lawsuit alleges Enzyte does not work as advertised.[1] Despite manufacturer claims that Enzyte will increase penis size, girth, firmness, and improve sexual performance, there exists no scientific evidence that Enzyte is capable of these claims. In fact, Enzyte has never been scientifically tested by the FDA, or other independent third party. [2] Accordingly, Enzyte is required by current US law to be marketed as an herbal supplement, and may not legally be called a drug. In keeping with FTC rulings, Enzyte is not allowed to claim these benefits in its advertising. However, as of August 2008, TV commercials for the product still use the phrase "natural male enhancement."

[edit] Federal indictment and conviction

On September 21, 2006, Berkeley Premium Nutraceuticals, its owner and president, Steven Warshak, and five other individuals were indicted by the United States, Southern District of Ohio, U.S. Attorney Greg Lockhart, on charges of conspiracy, money laundering, and mail, wire and bank fraud. The indictment alleged that the company defrauded consumers and banks of US$100 million.^[3] The United States Food and Drug Administration, Internal Revenue Service, postal inspectors and other agencies participated in the investigation.^[4] The federal fraud trial began on January 8, 2008.^[5]

In testimony during the trial, a former executive with Berkeley testified that the enhancements that the company claimed were given by use of Enzyte were fabricated, and the company defrauded customers by continuing to charge them for additional shipments of the supplement. He further testified that company employees were instructed to make it as difficult as possible for unhappy customers to receive refunds.^[6]

On February 22, 2008, Steven Warshak was found guilty of 93 counts of conspiracy, fraud and money laundering. On August 27, 2008 he was sentenced by U.S. District Judge Arthur Spiegel to 25 years in prison and ordered to pay $93,000 in fines. His company, Berkeley Premium Nutraceuticals, along with other defendants, was ordered to forfeit $500 million. His 75-year-old mother, Harriet Warshak, was sentenced to two years in prison.^[7][8][9]