Wholesaler accuses maker of sexual enhancement products of deceptive trade

Kelly Holleran Mar. 16, 2011, 7:21am

A company that manufactures over-the-counter sexual enhancement products thwarted a store's attempts to sell its products, according to recently filed court documents.

Starco Impex, doing business as Wholesale Outlet, claims it purchased a substantial amount of products from defendant Biotab Nutraceuticals for $482,702. Biotab is the maker of male and female sexual enhancement products called ExtenZe.

Soon after the purchase, however, Biotab began spreading word to various members of the public that Wholesale Outlet's product could be counterfeit, according to the complaint filed March 10 in Jefferson County District Court.

"Moreover, Defendant dramatically changed the packaging and contents and also sharply reduced or discontinued the promotion of these products," the suit states.

Because of Biotab's rumors, Wholesale Outlet was only able to sell a miniscule amount of the product, the complaint says.

Wholesale Outlet claims it never would have purchased the 3,100 cases of the product had it known Biotab would react in such a way.

In its complaint, Wholesale Outlet says Biotab violated the Trade Deceptive Practices-Consumer Protection Act.

Wholesale Outlet is seeking actual damages in an amount in excess of the minimum jurisdictional limits of Jefferson County District Court, plus further damages, pre- and post-judgment interest, costs, attorney's fees and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing it.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A189-578

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