A proposed class action filed in a California federal court alleges that Magna-Rx, Inc. misleads consumers by advertising its male strength and performance-enhancing Magna-Rx+ product, without any clinical proof, as an aphrodisiac endorsed by doctors. Dixon v. Magna-Rx, Inc., No. 14-7196 (U.S. Dist. Ct., C.D. Cal., filed September 15, 2014).
According to the complaint, Magna-Rx labels its product as “Dr. Aguilar’s Original,” despite having no affiliation with Dr. Aguilar, who owns a small “alternative medicine” clinic in Mexico and is not licensed to practice medicine in the United States. The plaintiff also claims that the “Real Doctors, Real Results” statement on MagnaRx+ packaging implies that the product is endorsed by at least two doctors, despite that no doctors have endorsed or recommended it. The plaintiff contends that the company has never sought and does not possess any scientific testing on the product’s efficacy, so “Real Results” is also misleading. The complaint further alleges that none of the product’s ingredients, individually or in combination, can “increase male strength and performance or are effective as an aphrodisiac.” Alleging unfair competition, false advertising and violations of the Consumers Legal Remedies Act, the plaintiff seeks a corrective advertising campaign, disgorgement of money obtained by wrongful acts, destruction of misleading advertising materials, damages, and attorney’s fees.