Sustango is marketed as a natural herbal supplement intended to treat erectile disfunction (ED). However, this class action brings suit against Ballzack Associates, LLC and the company’s owner and operator, Dean A. Spinogatti, alleging that it actually contains Sildenafil, the active ingredient in Viagra, which is a pharmaceutical that should be taken only under a doctor’s supervision.
The class for this action is all US residents who bought Sustango between June 27, 2016 and June 27, 2022.
Sustango comes in capsule form. The product’s label claims that the capsule contains natural, herbal ingredients plus vitamin D3, the complaint says, and also claims that the product is formulated in the US. But the complaint alleges that neither of these statements is true.
The complaint alleges that the product was subjected to testing by “a highly prominent U.S. testing laboratory” and offers a June 14, 2022 Certificate of Analysis as its Exhibit A. According to this certificate, the capsules of Sustango contain 10.7 mg of Sildenafil, which is not mentioned on the product label.
Sildenafil and Viagra work by blocking an enzyme found in blood vessels. The blood vessels can then relax, and the increased flow of blood to the penis can lead to an erection. Sildenafil is thus classified as a drug.
The complaint claims, “Manufacturers and distributors of dietary supplements are prohibited from marketing products that are adulterated with undisclosed substances, including pharmaceuticals.”
The complaint alleges that Ballzack and Spinogatti “conceal the substantial presence of Sildenafil in Sustango because Sildenafil may not be sold and/or lawfully obtained by a U.S. consumer without medical supervision and a prescription.” It accuses the defendants of being “covert, unauthorized and unlicensed drug dealers who … introduce[e] misbranded drugs into interstate commerce.”
The complaint claims, “Sildenafil is a pharmaceutical available only at the direction and prescription of a physician, after full medical consultation and examination, as it is potentially dangerous to the health of U.S. consumers if secured and ingested without medical authorization and clearance.”
When the plaintiff in this case, Brian Keegan, bought the product and ingested it, the complaint alleges, he “experienced headache, dizziness, and blurred vision.”
According to the complaint, the Food and Drug Administration (FDA) has approved Sildenafil for use only under a doctor’s supervision. This, the complaint claims, is “[d]ue to toxicity and other potentially harmful effects—including life-threatening drops in blood pressure, loss of vision, and loss of hearing…”
The causes of action include common law fraud and violation of the New Jersey Fraud Act.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Sustango “Herbal” ED Remedy Contains Viagra Drug Complaint
June 27, 2022
Sustango is marketed as a natural herbal supplement intended to treat erectile disfunction (ED). However, this class action brings suit against Ballzack Associates, LLC and the company’s owner and operator, Dean A. Spinogatti, alleging that it actually contains Sildenafil, the active ingredient in Viagra, which is a pharmaceutical that should be taken only under a doctor’s supervision.
Sustango “Herbal” ED Remedy Contains Viagra Drug ComplaintCase Event History
Sustango “Herbal” ED Remedy Contains Viagra Drug Complaint
June 27, 2022
Sustango is marketed as a natural herbal supplement intended to treat erectile disfunction (ED). However, this class action brings suit against Ballzack Associates, LLC and the company’s owner and operator, Dean A. Spinogatti, alleging that it actually contains Sildenafil, the active ingredient in Viagra, which is a pharmaceutical that should be taken only under a doctor’s supervision.
Sustango “Herbal” ED Remedy Contains Viagra Drug Complaint