New Vitality Facing Consumer Fraud Class Action Lawsuit over Super Beta Prostate


Overview: Super Beta Prostate, a product endorsed by quarterback Joe Theismann, is the subject of a new consumer fraud class action lawsuit. Manufacturer New Vitality, as well as Theismann, face allegations that they falsely endorsed the product. Lead Plaintiff Floyd Luman alleges that the drug is not only ineffective at alleviating prostate problems, but is also unsafe and illegal. Among other things, the case points out that the creater of Super Beta Prostate is an convicted felon; the doctor seen in the commercial has recanted his endorsement and has not practiced medicine cine 2009.

  • Super Beta Prostate is a product that promises to help the symptoms of an enlarged bladder, such as frequent urination; it is a typically aired in late-night television commercials
  • A class action lawsuit was filed on April 8th alleging that the product was falsely endorsed by Joe Theismann and New Vitality
  • The creator of Super Beta Prostate is a convicted felon; the doctor in the ad has recanted his endorsement, claiming that he thought it was an acting role not a medical recommendation

Product: Super Beta Prostate

Manufacturer: New Vitality

Class Action Lawsuit Alleges Phony Endorsements

The class action was filed in California Eastern District Court in Sacramento. Floyd  alleges that the Defendants, New Vitality and Joe Theismann, falsely touted Super Beta Prostate as an effective way to alleviate the symptoms of an enlarged prostate, or benign prostate hyperplasia  (BPH). Theismann promises that the product will promote “stronger urinary flow”, “improved bladder emptying”, “healthy sleeping habits” and other supposed benefits. Luman says he bought Super Beta Prostate last year based on Theismann’s claims. When he called to New Vitality to complain about its ineffectiveness, a an agent told him it would take time for the drug to kick and to keep taking it. He followed this advice, but to no avail, according to the suit. Luman alleges that Theismann lied about his endorsement, in which he claims that the product helped him with his own prostate problems. There is no evidence that he ever suffered from these issues nor is it apparent that he was a Super Beta Prostate user, the lawsuit.

Further, the doctor who is featured in the commercials has since recanted his endorsement. Dr. Jeffrey J. Zielinski, who has not practiced medicine since 2009, has given a sworn declaration to Plaintiff’s attorneys stating that his claims were as an actor, not a medical professional.

Illegal and Unsafe Product Created by Convicted Felon

Super Beta Prostate was created by Roger Mason, a convicted felon who pled guilty to conspiracy to distribute PCP in 1975. He was later arrested while on parole for manufacturing 326 counterfeit credit cards. The lawsuit points out that Mason is presented as a “research chemist” even though “ He has no training, education or experience relevant to the treatment of BPH or its symptoms. He has no training, education or experience relevant to the development of drugs or dietary supplements. He has never held a job in any of these fields.” Super Beta Prostate uses high amounts of mixed sterols, including B-sitosterol, which has been deemed as inappropriate for the treatment of BPH. The suit further alleges that the product is actually illegal because even though it is a drug , it has never been reviewed by the FDA.