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VigRxClassAction

VigRxClassAction

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Published by jim1386

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Published by: jim1386 on Sep 10, 2010
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07/27/2014

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- 1 -CLASS ACTION COMPLAINT
NEWPORT TRIALGROUP
 
 NEWPORT TRIAL GROUPA Professional CorporationScott J. Ferrell, Bar No. 202091David W. Reid, Bar No. 267382610 Newport Center Drive, Suite 700 Newport Beach, CA 92660Tel: (949) 706-6464Fax: (949) 706-6469Attorneys for Plaintiffs and the Class
SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES
JASON JONES, individually, and on behalf of allothers similarly situated;Plaintiffs,vs.DM CONTACT MANAGEMENT LTD. dbaLEADING EDGE MARKETING INC.; H&LWORLDWIDE, INC.; SHOPWARS.COM;LEADING EDGE HERBALS; EXECUTIVEIMAGINE INTERNATIONAL, INC.;AMAZON.COM; and DOES 1-20, Inclusive,Defendants.Case No. 
CLASS ACTION COMPLAINTJURY TRIAL DEMANDEDI.
 
INTRODUCTION
1. VigRX and VigRXPlus (“VigRX”) are purported “male enhancement” products whichare, in reality, absolutely worthless. A marketing scheme executed by Defendants defrauds consumers by making outrageous and false claims that VigRX causes permanent penis enlargement. In reality,VigRX has no such effects.2. Defendants’ marketing scheme involves numerous websites that direct unwittingconsumers towww.vigrxplus.comin order to purchase their worthless product. The false claims thatcharacterize this website include the assertions that VigRX is a:
 
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- 2 -CLASS ACTION COMPLAINT
NEWPORT TRIALGROUP
 
Clinically Proven and Doctor Approved Formula to give you…
!
 
 Bigger, harder, longer lasting erections
 
!
 
 Increased sexual stamina and sex drive
 
!
 
 More powerful, intense orgasms
 
!
 
 No more premature ejaculation
 
In reality, VigRX has no penis enlarging effects. VigRX does not produce bigger, harder, longer lasting erections, nor does VigRX increase sexual stamina and sex drive. Worse yet, promoted byoutrageously false advertising, the Defendants have intentionally targeted senior citizens, knowing thatthey are the consumers most likely to suffer from the type of erectile dysfunction that Defendantguarantees VigRX will alleviate. Defendants profit greatly from their consumer deception as itcharges unwary consumers upwards of $70 per box for a completely worthless product.3. Accordingly, Jason Jones (“Plaintiff”) brings this lawsuit, primarily to enjoin theongoing fraud, and secondarily to recover the money taken by this nefarious practice.
II.
 
THE PARTIESA. Plaintiff.
4. JASON JONES (“Plaintiff”) is a resident of California who purchased VigRX Plus inearly 2010.
B. Defendants.
5. DM CONTACT MANAGEMENT LTD dba LEADING EDGE MARKETING INC.(“Defendant”) is the manufacturer of VigRX Plus, and is a corporation organized and existing under the laws of Canada with its principal place of business in Victoria, British Columbia. DM Contactdoes business in California and in nearly every state; it moved its purported corporate headquarters toCanada in a misguided effort to make it “judgment proof” in the United States.6. H&L WORLDWIDE, INC. (“Defendant”) is a distributor of and advertises VigRXPlus, and is a business entity organized pursuant to the laws of California that does business inCalifornia.
 
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- 3 -CLASS ACTION COMPLAINT
NEWPORT TRIALGROUP
 
7. SHOPWARS.COM (“Defendant”) is a distributor of and advertises VigRX Plus, and isa business entity organized pursuant to the laws of Missouri that does business in California.8. LEADING EDGE HERBALS (“Defendant”) is a distributor of and advertises VigRXPlus, and is a business entity organized pursuant to the laws of Tennessee that does business inCalifornia.9. EXECUTIVE IMAGE INTERNATIONAL, INC. (“Defendant”) is a distributor of andadvertises VigRX Plus, and is a business entity organized pursuant to the laws of Missouri that does business in California.10. AMAZON.COM (“Defendant”) is a distributor of and advertises VigRX Plus, and is a business entity organized pursuant to the laws of Washington that does business in California.
C. Doe Defendants.
 11. Plaintiffs do not know the true names or capacities of the persons or entities sued hereinas DOES 1 to 20, and therefore sue such defendants by such fictitious names. Plaintiffs are informedand believe and thereon allege that each of the DOE defendants is in some manner legally responsiblefor the damages suffered by Plaintiffs and the members of the class as alleged herein. Plaintiffs willamend this Complaint to set forth the true names and capacities of these defendants when they have been ascertained, along with appropriate charging allegations, as may be necessary.
III.
 
JURISDICTION AND VENUE
12. This Court has jurisdiction over all causes of action asserted herein pursuant to theCalifornia Constitution.13. Venue is proper in this Court because a substantial portion of the events giving rise tothis Complaint took place in this County, and because Defendants have received substantialcompensation from sales in this County. Specifically, each Defendant knowingly engages in activitiesdirected at consumers in this County, and each Defendant obtains substantial benefits from theDefendants’ common scheme perpetrated in this County. Plaintiffs have filed concurrently herewiththe declaration of venue required by Civil Code Section 1780(d).

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