False advertising claims have been lodged against supplement maker Prevagen. The biotechnology company has been accused of falsely representing and advertising that their supplement can support brain function and improve memory capabilities. The class action lawsuit was recently certified and is moving forward.
Prevagen Blamed in Allegations of False Advertising Claims
The class action lawsuit alleges that Prevagen’s marketing focuses primarily on improving memory and brain health an consumers relied on that marketing when they decided to purchase the product. The product labels claim that Prevagen was clinically tested to support healthy brain function and improved memory, the primary basis for false advertising claims from plaintiffs.
The marketing for the supplement showed charts that made it appear as though cognitive function improved quickly and significantly for those using Prevagen.
The Federal Trade Commission will sometimes take action in these kinds of cases if they have reason to believe that a law, such as those surrounding false advertising claims, has been violated. In fact, the New York State Attorney General and the FTC previously hit Prevagen with false advertising claims in early 2017 due to the company’s marketing claim that the product was clinically proven and that it improves memory and cognitive function.
In that case, Prevagen was making those claims based on a clinical study in which the supplement was not shown to be any more effective than a placebo drug.
Other claims in the false advertising lawsuit include the use of phrases such as “clearer thinking”, “sharper mind” and “helping with mild memory problems”. The false advertising lawsuit also alleges that the makers of Prevagen falsely claimed that the product says it can improve memory within 90 days.
Supplements have been named increasingly in false advertising claims. Consumers allege that there are no clinical trials or studies to support the product marketing statements included on the labeling. False marketing lawsuits allege that consumers use labeling and marketing materials to make decisions about what they will purchase, often paying premium for products such as supplements that promise to help improve or address existing conditions like memory.
When consumers come forward with a false advertising lawsuit, however, and can show that the company was using such terms without proper scientific evidence to do so, it may lead to a settlement or an award on behalf of the consumers who paid their hard-earned money on the falsely advertised product.
In certifying the class action lawsuit against Prevagen, the judge determined that the alleged false advertising that the supplement would support memory function and a healthy brain were misleading.
If you believe that you have grounds to pursue a false advertising lawsuit, you need to consult with an experienced attorney immediately. Contact the lawyers at Bradley/Grombacher immediately for help with your lawsuit- fill out the form on this page to learn more.
The Prevagen False Advertising Claims Lawsuit is Racies v. Quincy Bioscience, Case No. 15-cv-00292-HSG filed in the U.S. District Court for the Northern District of California.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.