Dr. Al Sears, the Florida anti-aging physician behind the Sears Institute and a network of supplement and publishing brands, has been named in at least three lawsuits: a consumer class action over erectile dysfunction supplement marketing, a federal copyright infringement case, and a Fair Labor Standards Act claim. None produced a finding of wrongdoing. The class action was dismissed on summary judgment, the copyright case settled, and the labor case was voluntarily dismissed within days of filing.
The Primal Max Red Class Action
The most substantial case targeted Primal Force Inc., which sells a nitric-oxide powder called Primal Max Red marketed for erectile dysfunction. The product retailed for roughly $135 for a three-month supply.1Top Class Actions. Primal Max Red ED Supplement Makers Hit With Class Action Lawsuit
New Jersey resident Harold Hoffman filed the case in New Jersey state court in 2020, and it was later removed to federal court as Case No. 2:20-cv-20600 in the District of New Jersey. The complaint alleged that Primal Force made “unfounded promises” about restoring male potency, pointing to marketing language such as “Rejuvenate your potency and power as a man” and claims the product “works for as long as you want… without fizzling out.” Hoffman argued those were prohibited “disease claims” under FDA rules for dietary supplements, since the product had never been approved to treat any disease. He asserted five counts under the New Jersey Consumer Fraud Act and called the marketing an “unconscionable trade practice.”1Top Class Actions. Primal Max Red ED Supplement Makers Hit With Class Action Lawsuit
Hoffman served as both the named plaintiff and class counsel, a dual role he had used in dozens of prior consumer fraud suits and one that drew scrutiny in the New Jersey legal community.2New Jersey Law Journal. Lawyer Is Serial Litigant, Wears 2 Hats in Erectile Dysfunction Meds Suit
How the Case Ended
The state court dismissed the case on summary judgment. The court found Hoffman lacked standing because he had never used the supplement and could not show an “ascertainable loss,” a required element under the New Jersey Consumer Fraud Act. The court also noted that Hoffman had filed the class action before receiving the product and had performed no testing to determine whether Primal Max Red delivered on its advertised claims. On reconsideration, the court held that the suit “lacked all of the required elements of a Consumer Fraud Act claim.”2New Jersey Law Journal. Lawyer Is Serial Litigant, Wears 2 Hats in Erectile Dysfunction Meds Suit
Because the dismissal turned on standing, the court did not rule on whether the underlying marketing claims violated consumer protection law.
The 2024 Copyright Suit
In November 2024, Marie Barsch filed a federal copyright infringement lawsuit against Alfred Sears, M.D., Wellness Research and Consulting Inc. (doing business as Sears Institute for Anti-Aging Medicine), and unnamed defendants. The case, No. 9:24-cv-81466, was assigned to Judge Donald M. Middlebrooks in the Southern District of Florida.3PACER Monitor. Barsch v. Wellness Research and Consulting Inc. et al
The docket classifies the suit under “Property Rights – Copyrights” and cites 17 U.S.C. § 101, but the specific work at issue and the relief sought are not detailed in the publicly available entries. The parties reached an amicable settlement quickly. They notified the court on February 3, 2025, Barsch filed a voluntary dismissal eight days later, and Judge Middlebrooks closed the case with prejudice on February 12, 2025, meaning it cannot be refiled.3PACER Monitor. Barsch v. Wellness Research and Consulting Inc. et al
The 2016 Labor Suit
In October 2016, Joseph Radich sued the Dr. Sears Center for Health and Wellness, Inc. and Al C. Sears personally in federal court, alleging violations of the Fair Labor Standards Act. The case, No. 9:16-cv-81715, was also assigned to Judge Middlebrooks in the Southern District of Florida.4PACER Monitor. Radich v. Dr. Sears Center for Health and Wellness et al The public docket does not describe the specific wage or hour violations alleged, or the nature of Radich’s employment with the practice.
It lasted nine days. Radich filed a notice of voluntary dismissal on October 20, 2016, and Judge Middlebrooks closed the case the same day without prejudice, leaving Radich free to refile. No subsequent refiling appears in the available record.5PlainSite. Radich v. Dr. Sears Center for Health and Wellness et al
Where Things Stand
As of early 2025, Dr. Sears continues to operate the Sears Institute for Anti-Aging Medicine in Royal Palm Beach, Florida, and his supplement and publishing brands remain active under Wellness Research and Consulting Inc.6Sears Institute for Anti-Aging Medicine. Sears Institute for Anti-Aging Medicine7Florida Division of Corporations. Corporation Search Results – Wellness Research and Consulting Inc.