Dish Direct Inc. also agreed to pay $300,000 and change its advertising to remove suggestions that the product's effectiveness has been scientifically tested, according to the Orange County district attorney's office.
The Pasadena, Calif.-based company, operating under the name Maximizer Health Products Inc., markets the pills on late-night TV and through the Internet using affiliate programs.
Prosecutors say that more than 600 complaints were filed against the company nationwide with the Better Business Bureau. Typical problems include automatic charging of credit cards for unwanted shipments and problems getting refunds.
With the settlement, the company agreed to remove lead from the pills, which were found to have higher levels of lead than allowed. It also promised to respond more quickly to complaints and refund requests.
Porn star Jeremy helped make ExtenZe famous, boasting that the pill helps men increase the size of “that certain part of the male anatomy.”
Known as “the Hedgehog,” Jeremy in the infomercials brings a parade of colleagues from the world of adult to hawk the pills that cost $59.99 for a 30-day supply.
“Who better to talk about sexual things and other fun stuff than them,” Jeremy said of some of the guests, which included porn stars Ruby and Scott Styles.
Deputy District Attorney Tracy Hughes said that her office did not test whether the product delivered the promised results but said the claims weren’t proven through conventional means.
“If you make a scientific claim such as a 27 percent increase, implied in that statement is that you have conducted scientifically valid studies,” Hughes said. “If you haven't, then you are not allowed to say it.”