SAN DIEGO—A California woman has filed a class action lawsuit against Lovehoney, Fifty Shades of Grey author E.L. James and PHE Inc. (parent company of Adam & Eve) claiming the Fifty Shades of Grey: Come Alive Pleasure Gel for Her left her unfulfilled.
California resident Tania Warchol filed the lawsuit, and is asking others in California who purchased the product and were not satisfied to join her suit, claiming the gel was ineffective and did not deliver on the package claimed that she would “experience enhanced orgasms and stimulation as every tingle, touch and vibration intensifies.”
"Based on Defendants' representations, Plaintiff believed the Product has powerful aphrodisiac qualities and would increase her sexual pleasure as advertised," the complaint reads.
The suit claims violations of California’s unfair competition and false advertising laws and of the Consumer Legal Remedies Act. She is seeking reimbursement for the two bottles she purchased at her local Adam & Eve store, as well as punitive damages.
James has not released any statement on the lawsuit, nor have reps from Lovehoney or PHE Inc.
Though we at AVN are not attorneys, there are a few things from the lawsuit that caught our attention. First, the suit refers to the product as a lubricant, which it is not. It is marketed as an enhancement gel. Additionally, a quick search of the product on Lovehoney’s website does not refer to any “aphrodisiac” properties for the gel.
The product description reads as follows:
Heighten your pleasure with Come Alive, an intimate arousal gel from the Fifty Shades of Grey Official Sensual Care Collection. Experience enhanced orgasms and stimulation as every tingle, touch and vibration intensifies.
"I surrender, exploding around him - a draining, soul-grabbing orgasm that leaves me spent and exhausted." - Anastasia Steele
One of the key ingredients, arginine, is used in the formula to increase the blood flow to your clitoris, making it super-sensitive and extra responsive. The addition of menthol provides an invigorating cooling and tingling effect to boost your climax potential and sensitivity.
Dab a little of the slick orgasm gel onto your clitoris and rub in gently with your finger. Use alone, with a partner or your favourite toy for incredible pleasure and play.
Part of the Fifty Shades of Grey Official Sensual Care Collection approved by author E L James.
Ingredients: Aqua, Monopropylene Glycol, Arginine, Hydroxyethyl Cellulose, Lactic Acid, PEG-40 Hydrogenated Castor Oil, Menthol, Phenoxyethanol, Piroctone Olamine
The Adam & Eve website makes no “aphrodisiac” claims in its description of the product, either.
The aphrodisiac claim is part of the suit, that says by making such claims (which we at AVN could not find on the packaging of the product, either) “it's improperly unregistered with the Federal Drug Administration,” The Hollywood Reporter noted in its coverage of the lawsuit. “Federal law requires that any substance marketed over the counter as an ‘aphrodisiac’ and its label receive approval from the FDA. Warchol claims ‘the adequacy of the labeled instructions for its 'aphrodisiac' uses’ has not received FDA approval and the product is therefore a mislabeled drug.”
The movie adaptation of the best-selling book trilogy is set for release this weekend, but Universal Studios, makers of the movie, were not named in the lawsuit.
