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California Man Sues Penis-Enlargment Firms

Ronin writes "The DenverPost reports that 'A California man on Thursday sued a slew of international companies, including a Greeley distributor, alleging the penis-enlargement products they market and distribute do not work.' One of the highlights of the article is when the man says "I was wondering for a long time why no one has gotten around to suing these penis-enlargement guys, because it seems like a pretty blatant ... fraud." Probably cause people are too embarrased to say they've tried it."

25 of 733 comments (clear)

  1. Denver or California? by pollock · · Score: 0, Informative

    It would be nice if at least the headline and the summary matched.

    1. Re:Denver or California? by ziggy_zero · · Score: 5, Informative

      Guy is in California, lawyer is in New York, suit filed in Denver, companies are in Cyprus and British Columbia. Yeah, it's a little confusing.

      --
      I belong to the ______ generation.
    2. Re:Denver or California? by mookie-blaylock · · Score: 3, Informative

      The guy is from California. The lawsuit was filed in Denver, and the distributor is from Greely (CO).

      Quality submission.

      --
      I am not Herbert.
    3. Re:Denver or California? by Anonymous Coward · · Score: 4, Informative

      No, they don't match.

      Headline: "Denver Man Sues Penis-Enlargment Firms"
      Summary: "A California man on Thursday sued.."

  2. Re:its like my friends idea for a scam: by 0x0d0a · · Score: 4, Informative

    Your friend has excellent taste in movies -- Lock, Stock and Two Smoking Barrels is a really good work of art.

  3. I can't remember where I read this, but... by BW_Nuprin · · Score: 5, Informative

    ...from what I've read, a woman's vagina only has sensitivity in the first 3.75 inches, so big wang dang doodles don't really make a difference. However, if your cirumference is less than 3.75", you're measuring in at less than the necessary width to apply pressure to the walls of the vagina, and you might as well just stick it in the mud, 'cause its not going to do any good. So, really, wangular width is whats important.

    1. Re:I can't remember where I read this, but... by XanC · · Score: 1, Informative

      Hey pal, you're not spending enough time on the 'Net if you think they can only stick objects less than 3.75" circumference up there...

    2. Re:I can't remember where I read this, but... by Anonymous Coward · · Score: 1, Informative

      And ignore those, ahem... "studies" that claim women want 7 or 8+ inches to really satisfy them. I'm under 7 inches and my last girlfriend found it painful sometimes if I thrust fully as it would hit her cervix which, apparently, isn't a very fun thing to experience (nor was it really enjoyable for me). Maybe she had a short vagina, but she's 5'7" tall so she isn't a petite person overall.

  4. There are precedents by armando_wall · · Score: 3, Informative

    Suing over spam has happened before. See here and here.

    I hope this becomes a trend, so spammers become discouraged, and find other means of living, like drycleaning or cemetery watchmen.

  5. Re:Whoa... by Monkelectric · · Score: 1, Informative
    Penis farmer: "Looks like a really big crop this year, ma. Those African ones we planted are sure a mite bigger than the European variety..."

    Actually studies have shown *average* african american penises are slightly smaller then caucasian penises but have a larger variance. And we always have ron jeremy :)

    --

    Religion is a gateway psychosis. -- Dave Foley

  6. Interesting previous article on DM Contact Mgt by Saint+Aardvark · · Score: 5, Informative
    DM Contact Management, mentioned in the article as one of the targets of the lawsuit, was also mentioned in this article from November about a guy getting arrested for sending threatening letters to spammers.

    Advanced Botanicals Inc's contact page can be found here. They're listed on this page as having different products refused entry to the US for false labelling.

  7. Re:Penis enlargement blog by GonzoDave · · Score: 5, Informative

    Seems to be a marketing ploy. I notice he helpfully links to the site selling the pills he used

  8. Depends... by Goonie · · Score: 5, Informative
    If by average you are talking about the artihmetic mean, if the distribution is skewed it's quite possible to have 80% of people having a below-average size. Consider a group of 10 men, 8 of whom measure 13 cm, and 2 who measure 20. Voila, 80% of our group have a smaller-than-average member. By contrast, it would be logically impossible for 80% of men to have a penis smaller than the median.

    In practice, many, many natural statistics are normally distributed, and it would be a reasonable guess that penis length is. Therefore, the mean and the median will be the same.

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  9. Re:its like my friends idea for a scam: by geekoid · · Score: 3, Informative

    and it wasn't even original there.

    That scam has been around for ever.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  10. Re:Well good for him by triclipse · · Score: 5, Informative
    Yes, IAAL :)

    Is it possible for me to form and sue on behalf of a class, and name another class as the defendant?
    No, you cannot name a "class" as defendants, no such animal. However, you can name a very large number of defendants (though they will not called a "class" no matter how many you name).

    Although the rules for class actions differ from state to state, and from state to federal, I am quite certain that no jurisdiction entertain the possibility of a "class" of defendants.

    I would like to sue on behalf of everyone who has received a penis-enlargement spam and did not respond to it.

    When I get the time, I am seriously going to start a spamlaw practice, but until then I must refer you to federal law ("Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003") and California law - "Restrictions On Unsolicited Commercial E-mail Advertisers" - Business and Professions Code 17529 et. seq..

    California consumers have the right to sue spammers directly and get their attorneys fees paid! See B&P code 17529.8(a)(1):
    "In addition to any other remedies provided by this article or by any other provisions of law, a recipient of an unsolicited commercial e-mail advertisement transmitted in violation of this article, an electronic mail service provider, or the Attorney General may bring an action against an entity that violates any provision of this article to recover either or both of the following:
    (A) Actual damages.
    (B) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of Section 17529.2, up to one million dollars ($1,000,000) per incident.
    (2) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs."

    I would seek damages against the class of individuals who received this spam and did respond to it.

    You will have to read the statute to see if it will fit, but if I were to assign this a Fark tag, it would be "Unlikely."

    Happy suing!

    --
    No Inflation Taxation without Representation
  11. Indiana University by frinkster · · Score: 3, Informative

    The Kinsey Institute for Sex, Gender and Reproduction is located at Indiana University, not the University of Indiana.

  12. Not so. by DigiShaman · · Score: 3, Informative

    The vaginal opening in a petite woman varies in size and depth. And that goes with any woman regardless of size mind you.

    Same thing applies to men. Even the shortest, skinniest man can be well endowed.

    --
    Life is not for the lazy.
  13. Penis 'Enlargement' Pills Pack Impurities by TPFH · · Score: 5, Informative

    Quite a while ago I posted a comment to a spam article about trusting to buy from spammers, asking "Who would put in their mouth and swallow something from a spammer."

    Well, it's old news (Haven't seen an opportunity to post this since then) but I was more correct in asking this than I had imagined.

    Well, it turns out some folks at the Wall Street Journal did a laboratory study of these pills, and "analysis of a composite sample of 10 Performance Marketing pills and turned up significant levels of E. coli, yeast, mold, lead and pesticide residues."

    So among other nasties, there is a significant amount of fecal matter in these pills.

    I'm actually suprised this isn't bigger news.
    Maybe we should all put it in our signature files until the spammers go away: "Penis Pills have Poop in them!"

    Maybe some idiot that is stupid enough to buy from a spammer will die of E. coli and get a Darwin Award. Those sure get forwarded around a lot. Even my mom forwarded me the nominations for the 2003 Darwin Awards. (Which suprised me.)

    Maybe I should submit it for a Front Page story, but it was originally reported on August 13, 2003.

    --
    This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
  14. Re:Apologies to Liar Liar by Anonymous Coward · · Score: 1, Informative

    If you think that hitting the back is what's important, you're probably not a very skillful fucker.

    I rarely hit the back, but I got repeat business from girls I'd been doing off and on since high school (until I got engaged to one of them). Skill beats size any day. And among skillful fuckers, size only changes the approach to your technique, it doesn't make you better in bed. My older brother's cock is bigger than mine by a fair bit, but he's always complaining about not being able to fit in some of the girls he's cared very much about. He calls it "half-boning," and it caused a very serious problem between him and the girl we all thought he was going to marry. They broke up, and my bro intimated to me that it was the sex that made their relationship go downhill.

  15. Re:Well good for him by lamont116 · · Score: 2, Informative

    No, you cannot name a "class" as defendants, no such animal. However, you can name a very large number of defendants (though they will not called a "class" no matter how many you name).

    You can certify a defendant class. Check out FRCP Rule 23 ("sue or be sued...") or run a Google search on "defendant class action." It's rare, but it's available.

  16. Re:Apologies to Liar Liar by Anonymous Coward · · Score: 1, Informative

    Hitting the back hurts them, not helps them.

  17. Actually ... by Poligraf · · Score: 3, Informative

    Eastern esoteric traditions that are not requiring celibacy (such as Tantric or Daoist) have special techniques for women that teach them how to use their vaginal muscles properly.

    One uses little vaginal balls to do the training, and the results are that they have not only more plesure for themselves and their men, but also have less problems during childbirth and better tonus. As the result of this training, these women can become satisfied with smaller dicks among other things.

    You can find the techniques in this book: http://www.universal-tao.com/amazon/healing_love.h tml

    --
    Tigers respect lions, elephants and hippos. Maggots respect no one. (C) S. Dovlatov
  18. Re:Doesn't work by Anonymous Coward · · Score: 2, Informative

    Sorry I have to go AC on this one, but I plan to run for President some day.

    Here's the distribution of penis sizes.

    PENIS DIMENSIONS BY PERCENTILES FOR MEN 18 YEARS AND OLDER (millimeters)

    PERCENTILE, FLACCID, ERECT, CIRCUMFERENCE

    0, 25(1.0"), 68(2.7"), 60(2.4")
    10, 50(2.0"), 125(4.9"), 95(3.7")
    20, 60(2.4"), 140(5.5"), 110(4.3")
    30, 73(2.9"), 147(5.8"), 120(4.7")
    40, 80(3.1"), 152(6.0"), 125(4.9")
    50, 88(3.5"), 160(6.3"), 130(5.1")
    60, 95(3.7"), 170(6.7"), 134(5.3")
    70, 100(3.9"), 176(6.9"), 140(5.5")
    80, 110(4.3"), 185(7.3"), 150(5.9")
    90, 120(4.7"), 200(7.9"), 160(6.3")
    100, 157(6.2"), 260(10.2"), 205(8.1")

  19. try the self-motivated way first by Anonymous Coward · · Score: 2, Informative

    it takes time and dedication, but has a lot more potential (and it's free):

    http://www.cheekycherry.com
    http://www.matterso fsize.com

  20. Re:Post-mortem by Anonymous Coward · · Score: 2, Informative

    Somehow I'd think that a rigor stiffend dick wouldn't count as an erection.