Class Decertified In Cobra Sex Energy False-Ad Suit

Law360, New York (February 23, 2015, 1:34 PM EST) -- A California federal judge decertified a statewide class of consumers accusing Nutraceutical Corp. of falsely marketing its herbal supplement Cobra Sexual Energy as being able to improve men's virility, finding Friday that the plaintiff couldn't show how classwide damages would be calculated.

Though U.S. District Judge Andre Birotte Jr. did not rule on the validity of the evidence beyond noting that Troy Lambert had produced evidence showing that the purported sexual aphrodisiac is valueless, the judge determined that decertification of the class was warranted because the plaintiff hadn't produced an average retail price.

Instead, Lambert had proposed using Nutraceutical's sales data...

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