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Ninth Circuit Appellate Victory in Super Beta Prostate Case

‹ All News April 8, 2016

On April 8, 2016, the U.S. Court of Appeals for the Ninth Circuit granted an appellate victory to Joel Amkraut, who is represented by Bursor & Fisher, in a case concerning a dietary supplement called Super Beta Prostate. Super Beta Prostate is marketed by Joe Theismann, the product’s celebrity spokesman, to support prostate health by strengthening urinary flow, improving bladder emptying, and reducing “that sudden urge to go.” However, Mr. Amkraut alleges that Super Beta Prostate is an illegal drug that contains dangerously high doses of mixed sterols, which are not considered suitable for the treatment of these conditions.


The trial court had previously dismissed the case after the defendants issued a unilateral and unsolicited refund directly to Mr. Amkraut’s credit card account, reasoning that Mr. Amkraut no longer had standing to pursue his claims as they were moot. The Ninth Circuit then reversed this decision. Referencing the defendants’ efforts to moot Mr. Amkraut’s claims, the Ninth Circuit found that “a settlement offer or offer of judgment, once rejected, has no continuing efficacy.”


“The Ninth Circuit’s reversal of the trial court’s order is a significant accomplishment in this case, allowing the class’ claims to proceed,” said Julia A. Luster, one of the firm’s attorneys handling the matter. “We look forward to moving this case toward trial, where we will prove that the defendants misrepresented the safety and efficacy of this product.”


Click here to read the Ninth Circuit’s opinion.
Click here to see Julia Luster of Bursor & Fisher present oral argument to the Ninth Circuit.