A New Jersey judge has dismissed a suit against the maker of a male-impotence supplement because the plaintiff’s lawyer—also the lead plaintiff—never used the product.

After ordering a dietary supplement called Sanguenol, which allegedly claims to “deliver rock hard erections that soar 500% among older men,” Englewood, New Jersey, attorney Harold Hoffman filed a class action suit against its manufacturer, claiming the supplement violates the federal Dietary Supplement Health and Education Act with its promises to treat erectile dysfunction.