Testofen MDL Rejected by U.S. Judicial Panel

20101028-fenugreekseedsA panel of federal judges has rejected a petition to consolidate and centralize all lawsuits over the testosterone booster, Testofen. Testofen is an extract created from fenugreek seeds, which are claimed to help increase a man’s testosterone levels. It is regularly used in testosterone-raising supplements that are marketed to help increase muscle mass and boost male libido, as well as improve erectile dysfunction. The Testofen lawsuits allege that the manufacturers misrepresented the safety and efficacy of the supplements.

The U.S. Judicial Panel on the Multidistrict Litigation (JPML) denied a recent request to transfer at least two Testofen class action lawsuits to the same judge for coordinated pretrial proceedings. This would allow the cases to proceed as individual actions and not be centralized in the federal court system as part of an MDL, or multidistrict litigation, like several other testosterone drug lawsuits.

On April 1, 2015, the panel reviewed two Testofen lawsuits and agreed that the cases were not similar enough to be joined into a single litigation. The suits will remain as separate trials, independent of each other in front of different judges.

“The two actions undoubtedly share some questions of fact concerning the efficacy of nutritional supplements containing Testofen in boosting free testosterone levels,” the JPML said in its decision. “But, the scope of the two actions before the panel are substantially different.”

The creation of an MDL may be approved in the future if a sufficient number of cases in different jurisdictions have similar allegations regarding Testofen supplements.

 “Low T” Boosters vs. Testosterone Therapy Prescription Drugs

The nutritional T-boosting supplement lawsuits now join hundreds of doctor-prescribed testosterone therapy drugs (ie: AndroGel, Axiron, Fortesta) in courts around the country. All of these products have been marketed to help men suffering from what manufacturers represented as “Low T” symptoms. The plaintiffs argue that the some of the prescription low-t products can cause serious health damages, including raising the risk of heart attack and stroke. Allegations of deceptive advertising in the marketing of these drugs to doctors and their patients are widespread in the court filings and class action suits.

More than 1,300 men have filed testosterone lawsuits for injuries while taking prescription testosterone drugs. A 2014 PLOS One study found that the heart attack risk doubled during the first three months of testosterone use in men older than 65, and in younger men with a history of heart