Court Remands Penis-Enhancement Product Suit

By Liz McKenzie (February 2, 2009, 12:00 AM EST) -- A New Jersey appellate court has ruled that a trial court should have allowed a man to amend his purported class action, filed against the makers of a penis-enhancement product that he claims was falsely advertised, before dismissing it.

Judge Joseph Yannotti of the Appellate Division of the New Jersey Superior Court ruled Friday that although the trial court had rightly dismissed the suit for failure to state a claim upon which relief could be granted, the lower court erred in dismissing it with prejudice. He remanded the case to the trial court, where the plaintiff would have the option of...

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