Axona Class Action Lawsuit Says Alzheimer’s Drink is Falsely Advertised

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Accera Inc. has been hit with a class action lawsuit accusing the company of falsely advertising its Axona shake beverages as a “medical food” that’s effective at treating symptoms of Alzheimer’s.

The Axona class action lawsuit, filed May 27 by Miami plaintiffs Max and Sandra Goldfarb, claims the couple was duped into purchasing Axona, which is advertised as a “prescription medical food” that can enhance memory and cognition in mild and moderate Alzheimer’s cases. The Goldfarbs allege in the class action lawsuit that these claims were untested and Axona did not work as advertise.

The Axona product, which is a milkshake-like beverage containing coconut oil, milk, sugar, and sunflower oil, among other ingredients, was recommended for Mrs. Goldfarb, she claims in the class action lawsuit. Alzheimer’s cannot be diagnosed with complete accuracy while a patient is still alive, but it is characterized by dementia, or deteriorating cognitive function.

Mrs. Goldfarb has been diagnosed with dementia, and claims in the Axona class action lawsuit that by marketing Axona as a “medical food,” Accera found a loophole allowing the company to avoid studies to prove the effectiveness of the product that would be required if it were marketed as a pharmaceutical drug. The U.S. Food and Drug Administration does not require studies prior to the sale of the public of medical food products, according to the false advertising lawsuit.

The Goldfarbs are seeking to represent a Class of all consumers who, from May 27, 2010 to the present purchased in Florida for consumption and not resale Accera’s Axona Alzheimer’s product.

The plaintiffs are represented by Lance A. Harke and Howard M. Bushman of Harke Clasby & Bushman LLP, by Thomas A. Tucker Ronzetti and Adam M. Moskowitz of Kozyak Tropin & Throckmorton PA and by Robert W. Rodriguez PA.

The Axona Class Action Lawsuit is Goldfarb, et al. v. Accera Inc., Case No. 2014-13704, in the Eleventh Judicial Circuit Court of Florida.