Prevagen ‘Improves Memory’ Claims Will Be Qualified Under Class Action Settlement
Quincy Bioscience doesn’t admit to “any liability or wrongdoing of any kind associated with the claims alleged” in settlement to complaint in federal court in Florida, but agrees to pay plaintiffs refunds of 30% of the MSRP for its supplements, up to $70 per individual claimant.
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Prevagen containers since 2013 have been labeled with an "improve memory," but the package a plaintiff purchased in 2014 apparently didn't bear the claim, according to a court ruling. A receipt for the purchase indicated the product was identified with “Brain Cell Protection” on the label.
"There is no need to litigate the same issue again," says District Judge Louis Stanton in granting most of the joint motions by FTC and New York attorney general to strike Quincy Bioscience's proposed defenses. The judge denied other motions, including whether NY state laws are applicable, saying a trial is needed to weigh the evidence.
Prevagen among four products named “Best of Supplements” for "brain health" by Better Nutrition Magazine. FTC proceeds with complaint against the firm, which filed responses to the agency's complaint after the litigation was returned to US district court.