The original class action trial involved false advertising claims by 150,000 class members who purchased the hair regrowth system "Avacor," asserting that Global Vision Products had violated Calfornia's consumer protection statutes. This subsequent trial involved individual defendants who were allegedly liable for the conduct of Global Vision Products under an alter ego theory.
According to the plaintiff, the Avacor product was advertised as an all-natural, herbal treatment, developed by medical doctors and tested at a medical clinic, but there in fact there were no medical doctors or clinical results; and the product in fact contained was not all natural or herbal, but contained the drug Minoxidil (Rogaine). The jury in the original trial returned a $37 million verdict that was subsequently increased to $40 million.
According to the defense, individual defendants Robert DeBenedictis and Henry Edelson had nothing to do with Avacor's advertising.