TA-65 Deceptive Marketing Class Action Lawsuit By Sarah Pierce
TA-65 Deceptive Marketing Class Action Lawsuit
By Sarah Pierce
TA-65 is marketed as an anti-aging “nutraceutical” that works by restoring a user’s telomeres – the protective caps of DNA located at the ends of all chromosomes. Over time, telomeres can wear down and eventually die, leading to physical signs of aging as well as organ degeneration. The longer your telomeres are, the more youthful you appear and feel.
TA-65 is advertised as being able to reverse the clock at a cellular level by rejuvenating these worn-out cells though the enzyme “telomerase,” which is found in the Chinese plant called TAT2.
“TA-65 is an isolated synthetic version of the compound found in extracts of Astragalus membranaceus root, that is not only naturally occurring, but has been extracted and used by traditional medicines all over the world for thousands of years,” the class action lawsuit says. However, since TA-65 is marketed as a nutritional supplement, not a drug, it does not undergo the same review by the Food and Drug Administration as prescription or OTC drugs to prove its safety and efficacy.
“Although Astragalus is used for many conditions, there is presently no reliable and accepted scientific evidence to determine whether or not it is effective for any of them…. Its possible side effects are not well known because Astragalus is generally used in combination with other drugs,” the TA-65 class action lawsuit continues, adding that possible side effects of Astragalus can include drug interactions that suppress the immune system and adverse effects on blood sugar levels and blood pressure.
The manufacturer of TA-65 even goes so far as to claim that “not a single adverse reaction reported by our licensed physicians” and “Not a single diagnosis of cancer has been reported,” the TA-65 class action lawsuit states.
“This statement is knowingly false,” the lawsuit says. The lead Plaintiff in the class action lawsuit says he was diagnosed with prostate cancer after taking TA-65, and reported this to the Defendants.
“Defendants have failed to reasonably warn consumers of the potential dangerous consequences associated with TA-65 telomerase activation and malignant tumor formation,” the TA-65 class action lawsuit says. “Defendants have failed to disclose to the consumer public, including Plaintiffs, that cancer cells have the unique ability to turn on telomerase, and enzyme that elongates telomeres, preventing them from growing shorter and enabling cancer cells to divide and survive indefinitely. In fact, the association between tumor formation and telomerase activation is undisputed – about 90% of tumors rely on telomerase to thrive.”
The Defendants also failed to warn the public that opinions have been expressed in the scientific community that a year of continuous telomerase activation – such as through using TA-65 – could allow pre-malignant lesions in the human body to expand into larger tumors that then could mutate into fatal malignancies on their own, even after the drug is no longer taken.
The TA-65 class action lawsuit is brought on behalf of all persons who purchased, received and/or consumed TA-65 MD or TA-65 in the State of New York. It is seeking statutory damages, court costs, attorney’s fees and more.
A copy of the TA-65 Class Action Lawsuit can be read here.
The case is Brian Egan, et al. v. Telomerase Activation Sciences, Inc., et al., Case No. 652533/2012, Supreme Court of the State of New York (County of New York).
Updated August 8th, 2012
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
Top Class Actions Legal Statement