Robbie Hargett Nov. 23, 2015, 3:04pm


LOS ANGELES (Legal Newsline) – A California man is suing the manufacturer and seller of sexual health products over claims that one of its products does not produce its advertised effects.

Gustavo Albaran, individually and for all others similarly situated, filed a class action lawsuit Oct. 2 in the Superior Court of California for the County of Riverside against M.D. Science Lab LLC and Does 1-20, alleging fraudulent business practices and negligent misrepresentation.

Earlier this year, the suit states, Albaran purchased the defendant's product, Max Load, which the defendant claims increases sexual prowess, sexual duration and frequency of sex.

The suit alleges these claims are false, and that the defendant has no reliable evidence to substantiate its claims, or that Max Load has any effect on sex.

According to the suit, the Federal Trade Commission and the Mayo Clinic have recognized that products like Max Load do not work.

The defendants sell Max Load for upwards of $49.99 per package based on these allegedly false claims, and therefore have wrongfully taken hundreds of thousands of dollars from California consumers, the suit claims.

Albaran and others in the class seek damages, restitution, interests, attorney fees, costs of the suit, and an injunction ordering the defendant to cease and desist from engaging in unfair, unlawful, and/or fraudulent practices. The plaintiff is represented by attorney Ryan M. Ferrell of Newport Trial Group in Newport Beach, California.

The defendants filed Nov. 10 to have this case removed to the U.S. District Court for the Central District of California because the action is between citizens of diverse states and because the amount in controversy exceeds the threshold for the state court.

Superior Court of California for the County of Riverside case number 5:15-cv-02316-VAP-KK

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