Specifically, the lawsuit, entitled Floyd Luman v. New Vitality Corp. and Joe Theismann, Case No. 13-cv-656, California Eastern District Court, Sacramento, claims that Super Beta Prostate, is an unsafe and illegal drug.
Acording to the lawsuit, "Defendants' marketing and promotion of Super Beta Prostate is an elaborate hoax involving a falsified medical endorsement by Dr. Jeffrey J. Zielinski, and false claims that the product will treat the symptoms of BPH. The product was created by Roger Mason, a convicted felon who pleaded guilty to conspiracy to distribute PCP. Defendant New Vitality describes Mr. Mason as a 'research chemist.' His latest concoction, Super Beta Prostate, is an illegal drug that contains dangerously high doses of mixed sterols, including B-sitosterol, a drug that has been marketed in Europe under the trade names Harzol and Azuprostat. These compounds are no longer considered suitable for treatment of BPH. Indeed, in 1995 a researcher studying Harzol wrote:
"'The effect of phytopharmaceuticals [such as B-sitosterol] on BPH is controversial because no clear mechanisms of action have been established, and their effect has been attributed to placebo responses. ... Since other forms of medical treatment of BPH have been shown to be effective, it is questionable whether phytopharmaceutical drugs should continue to be prescribed.'"
Further, Dr. Zielinski, currently works as an actor and hasn't practiced medicine since 2009. In a sworn declaration to Luman's attorneys he stated that his endorsement of Super Beta Prostate was an acting role, not his professional medical opinion, according to the lawsuit.
Luman seeks compensatory and punitive damages for breach of warranty, unjust enrichment, consumer law violations, unfair competition and false advertising. Plaints are represented by L. Timothy Fisher with Bursor & Fisher.