Biotab engaged in false and misleading advertising by selling ExtenZe in Orange County, California, and claiming without substantiation that it could increase penis size, according to a statement from the Orange County district attorney’s office, which brought the case against Biotab.
Biotab has not admitted fault or liability but has agreed to terms of an injunction to prevent any future unfair business practices related to the offenses, according to the district attorney's office.
The district attorney had sued Biotab, and the former owner of ExtenZe - Dish Direct Inc - in 2006 for making the same claims about its product, and won a $300,000 settlement and an agreement with the company to stop falsely advertising the product.
The second suit alleges Biotab had violated the 2006 agreement and Californian statute Proposition 65, which requires products that expose consumers to more than half a microgram of lead a day to include a warning label.
“The current case is both a violation of consumer protection laws and the previous injunction,” said the district attorney’s office.