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A new federal class action lawsuit has been filed against the maker of Ginkgo Smart dietary supplements claiming the product falls short of fulfilling the promises made on its labels and in its advertising.
Isabella Batista, a consumer from Ravena, New York, is accusing Irwin Naturals of Los Angeles of intentionally misleading the public about the power of Ginkgo Smart to improve a person’s brain function in order to sell more bottles and make more money. Batista says she and thousands of other customers were duped into buying the pills and received none of the benefits the company advertised they would.
In light of her experience, Batista filed a class action lawsuit against Irwin Naturals in the U.S. District Court for the Central District of California on Nov. 24. In it, she alleges the company’s actions are a breach of express warranty and breach of implied warranty. Batista also claims Irwin Naturals is engaging in unjust enrichment and violating New York state general business law.
“The product packaging for the Ginkgo Smart represents that [it] will provide ‘Maximum Focus & Memory’ and is a ‘Powerful Brain Booster for Memory & Mental Clarity,’” the class action lawsuit says. And yet, “all available, reliable scientific evidence demonstrates that Ginkgo Smart has no efficacy, is ineffective in the improvement of cognitive health, and provides no benefits related to increasing the memory or concentration of consumers’ brains.”
Ginkgo biloba dietary supplements are made of ginkgo extract from one of the oldest species of trees on the planet — the ginkgo. The extracts are derived from the tree’s fan-shaped leaved and are used to make vials of liquid extract, teas and capsules like Ginkgo Smart.
Batista’s class action lawsuit says many scientific researchers have conducted studies and analysis of ginkgo biloba — the key, active ingredient in Ginkgo Smart — and published their results in reputable magazines and science and medical journals.
“They have universally demonstrated ginkgo biloba does not improve cognitive function, and is not effective in the treatment or improvement of memory or concentration,” the class action lawsuit argues.
Specifically, Batista’s lawyers reference the National Center for Complementary and Integrative Health, which advises there is no conclusive evidence that ginkgo is beneficial for any health condition at all.
According to the Mayo Clinic, ginkgo contains flavonoids, which generally have powerful antioxidant qualities, and terpenoids, which are known to help improve circulation by dilating blood vessels and making blood platelets more viscous.
That said, while it is safe to use in moderation, the Mayo Clinic also says, “most studies indicate that ginkgo doesn’t improve memory, attention or brain function.”
In her class action lawsuit, Batista says Irwin Naturals claims through its advertising and labeling that consumers who take its Gingko Smart will reap “meaningful and significant benefits” in terms of improved memory, concentration and mental sharpness — claims that are false, misleading and reasonably likely to deceive the public.”
Batista wants the federal court to certify her case as a class action lawsuit and allow her to represent a nationwide Class of consumers who were similarly “injured” by buying Ginkgo Smart based on its advertising and labels and getting none of the purported benefits. She also wants to represent a Subclass of consumers specifically from her home state of New York.
The filing does not say how many potential Class Members there might be.
Batista’s lawyers requested a jury trial for the matter.
Have you ever purchased a bottle of Ginkgo Smart because you thought it would help improve your brain function and memory? Did the pills make a noticeable difference? Tell us about it in the comment section below.
Lead plaintiff Batista and the proposed Class Members are represented by Brittany S. Scott, L. Timothy Fisher and Sarah N. Westcot of Bursor & Fisher PA.
The Ginkgo Smart Class Action Lawsuit is Isabella Batista, et al. v. Irwin Naturals, Case No. 2:20-cv-10737, in the U.S. District Court for the Central District of California.
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126 thoughts onClass Action Lawsuit Says Ginkgo Smart Fails to Deliver on Advertising Claims
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Yes please add me to lawsuit, been buying for years, also recieved them busted capsules all mushed togather, only and very yucky ? to taste, but don’t seemed to work. Buckles
Yes, I purchased them from my local CVS and didn’t notice much of a difference. I tried them once and figured it wasn’t worth the money a second time. My beet root juice worked much better! :'<