In 2007, Impulsaria, LLC and NovaCare LLC designed, made, and sold a male sex enhancement supplement called Stiff Nights. The companies promoted the supplement as a convenient and medically safe way to enhance sexual performance and treat erectile dysfunction. In 2010, the U.S. Food and Drug Administration warned NovaCare that the supplement could not be sold to the public without FDA-approval. The supplement contained hidden ingredients that pose a serious health risk to consumers.
Two years later, a single father, age 37, purchased Stiff Nights from Erotic City (parent company Enlightened Reading, Inc.). The day after taking the product, the man lost consciousness as his blood pressure dropped, went into cardiac arrest, and died.
The family of the deceased man, David McElwee, filed a wrongful death lawsuit in the Circuit Court of Jackson County, Missouri, and then later amended the complaint to include allegations of negligence, marketing defect, failure to warn, design defect, and breach of warranty.
In 2015, the FDA posted a Public Notice warning consumers not to use Stiff Nights because it contained hidden ingredients that could cause serious side effects including death. The notice said that the product was identified during an examination of international shipments, and that it contained the hidden ingredient sildenafil, the same active ingredient in the prescription drug Viagra. Sildenafil can interact with some prescription medications and cause a dangerous drop in blood pressure. The agency warns that men with diabetes, high cholesterol, high blood pressure, or heart disease often take nitrates that could interact with sildenafil.
Retailers BEWARE
In 2016, the court approved a one-million-dollar settlement between the victim’s family and retailer Erotic City. Retailers should beware that they too can be held responsible for injuries caused by tainted and adulterated products they sell. This case should serve as a warning.