Category Archives: Deceptive Business Practices

Man Claims Penis Enlargement Device Failed To Work After 500 Hours Use

Not all lawsuits revolve around tragic events.  In fact, some of the funniest stories can be read in the files of many court cases.  This is one of those case, hailing to us from Quebec.  For those of you who are offended by off-color humor or innuendo, my apologies, but I simply could not resist on this one.

Small-claims indeed!

According to papers filed in a small-claims case, a man is suing the manufacturer of a penis enlargement device, claiming that the device failed to produce the intended results – even after 500 hours of use. The plaintiff is seeking $762 in compensation against HotGVibe, the manufacturer of the product.  Of this amount, $200 represents the cost of the device, while $500 represents (according to the plaintiff) “moral and punitive damages.”

And you thought our friends up north were more laid back and easy going…

But Will The Plaintiff’s Evidence Stand Up In Court?

Although a plaintiff in a lawsuit may have a legal claim on which to sue, the plaintiff must still have enough evidence to persuade the trier of fact that his case stands up to vigorous examination.  Such an examination has already taken place in this case, and the judge has indicated that he will render a decision in about 6 weeks.

Huh…6 weeks to make a decision in a small-claims case?  The judge really seems to be taking a long time pondering the plaintiff’s evidence, don’t you think?

Frivolous Lawsuit…Or Is The Plaintiff Selling Himself Short?

As much fun as one can poke at the facts of this case, “erotic” or “adult novelty” devices and services – sold to men and women alike are often scams that pilfer millions of dollars from consumers’ pockets.  Many companies prey on the consumers’ most intimate desires or feelings of inadequacy or embarrassment.  For example, a recent article on a tech product website proclaimed that men could improve the size of their package by purchasing an iPhone app.  Bet you didn’t know there was an app for that, did you?

Cases such as this one challenge preconceived notions about sexual behavior as well.  Consumers such as this plaintiff are not necessarily desiring anything illicit, illegal or unwholesome.  In fact, one could describe this plaintiff as seeking a tool to correct a problem that hundreds of millions of men have encountered at one time or another in their life.  It’s a defective tool case.  What’s so wrong about that?

Finally, before you proclaim him as nothing more than a frivolous plaintiff, consider this – after accounting for the product’s cost, the plaintiff is only asking for $1 an hour per wasted hour. In light of the significance of the plaintiff’s point, perhaps he is letting HGVibe off cheap. 

For more on this interesting case, you can check out this article from The Consumerist.

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Yoo-Hoo Sued For False Advertising

Double Fudge flavor of Yoo-hoo drink

Image via Wikipedia

Here’s a prime example of the type of lawsuit that gives both lawyers and vexatious litigants a bad name.  The law firm of Reese, Richman and Williams of New York, NY, on behalf of Plaintiff Timothy Dahl, has sued Mott’s LLP and Dr. Pepper Snapple Group, makers of Yoo-Hoo, for deceptive advertising.  According to the lawsuit, Yoo-Hoo has, since its inception several decades ago, been misleading and lying to its customers claiming that the soft drink product is ‘good for them’ when, in fact, it contains dreaded ‘partially hydrogenated vegetable oil.’

The suit seeks class action status, an order enjoining the marketing of Yoo-Hoo has being good for its consumers, and a hefty $5,000,0000 damages request.  Are you kidding me?

I agree with Legal Blog Watch, the source of this story, that “if there’s a beverage that can instantly bring to mind happy times,” it’s Yoo-Hoo.  As a kid, I drank as much of this stuff as I could get my hands on.  At 40, I suffer no ill effects from ‘partially hydrogenated vegetable oil.’  In my opinion, we have liquids to worry about these days other than Yoo-Hoo like, perhaps, the millions of barrels of sludge filling the Gulf of Mexico.  These lawyers ought to be ashamed of themselves, and I can only hope that the U.S. District Court for the Eastern District of New York will send this lawsuit to the trash bin where it belongs.

In the meantime, if you want a chuckle, check out the Plaintiff’s Complaint in the Box.  And, thanks to Legal Blog Watch for the story.

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