Aphrodisiac claim to stimulate high court discussion

The U.S. Supreme Court on Monday agreed to add to its docket the steamy case of The Nutraceutical Corp., Petitioner v. Troy Lambert, which involves allegations of false advertising of Cobra Sexual Energy, a purported aphrodisiac. 

Labels on Cobra Sexual Energy claimed it contained performance-enhancing herbs that would provide users with "animal magnetism," according to court records.

“On the basis of these labels, Lambert believed that the product would enhance his sexual performance and increase the frequency with which he could engage in sexual activity,” court records said. “Had he known that the labels' claims were false, he would not have purchased the product.”

The company had maintained that Mr. Lambert, the named plaintiff, had missed a 14-day deadline appealing the decertification of Mr. Lambert’s consumer class action.

The 9th U.S. Circuit Court of Appeals in San Francisco disagreed, deciding, among other things, in a Sept. 17 ruling that Mr. Lambert “clearly conveyed his intention to file a motion for reconsideration seeking recertification on the 10th day after entry of the order decertifying the class.”

“We hold that because Lambert informed the court orally of his intention to seek reconsideration of the decertification order and the basis for his intended filing within 14 days of the decertification order and otherwise acted diligently,” court records said.

Now it’s up to the Supreme Court.