Prevagen Class Action: Brain Health Supplement is Falsely Advertised

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A class action lawsuit alleges that the Prevagen brain health supplement is falsely advertised, as it does not improve brain function nor was it clinically tested.

Plaintiff Elaine Spath says she purchased Prevagen at least once in June 2015 at a CVS in New Jersey.

Allegedly, she bought the product for personal use, and chose it because it was advertised as supporting brain function, as well as having been clinically tested.

However, the Prevagen class action lawsuit claims that in reality the product does not improve brain function nor has it been clinically tested.

Spath says that had she known that the product did not perform as advertised and had not been subjected to clinical testing, she would not have purchased the product, or would not have paid as much for it as she did.

The Prevagen brain health supplement class action lawsuit claims that many consumers were similarly misled, and aims to represent a Class of consumers who purchased the product. Spath seeks damages on behalf of herself and all other similarly affected consumers.

Spath aims to hold defendants Prevagen Inc. d/b/a Sugar River Supplements and Quincy Bioscience Manufacturing LLC, the companies who manufacture and sell Prevagen, liable for allegedly violating the New Jersey Consumer Fraud Act as well as the New Jersey Truth-In-Consumer Contract, Warranty, and the Notice Act. 

The Prevagen false advertising class action lawsuit alleges that the product does not live up to its advertised claims of improving brain function.

Allegedly, packaging and advertisements for the product claim that the supplement is “clinically tested” to “improve memory within 90 days.” However, the product has not been clinically tested and is not shown to improve memory within 90 days, the Prevagen class action lawsuit states.

To support her claim that Prevagen has not been clinically tested, Spath notes that the Dietary Supplement Health and Education Act of 1994 requires that supplement manufacturers only “make claims concerning how a product affects the structure or function of the body without obtaining prior FDA approval if certain requirements are met, including that the manufacturer is abel to substantiate that the claims are truthful and not misleading.”

Additionally, she notes that the Food and Drug Administration and the Federal Trade Commission, along with most of the scientific field, rely on “randomized controlled clinical trials” to determine the efficacy of a drug.

The Prevagen supplement class action lawsuit claims that this language, and the terms “clinical trials” and “clinically tested” imply a high level of scientific scrutiny and analytical rigor. So, allegedly, when consumers see these terms on a label of a product, they assume that the product has been rigorously tested and analyzed for safety and efficacy.

The Prevagen labeling class action lawsuit then goes on to state that the makers of Prevagen did not subject the supplement to randomized controlled clinical trials, as the scientific community defines them, but nonetheless used the term “clinically tested” to influence consumers into choosing the product over other supplements, leading them to believe that the product had indeed been clinically tested.

Allegedly, the companies knowingly misled customers by using this term, and inso doing, unjustly enriched themselves by gaining profits from the sale of the supplement.

Spath is represented by Michael Birnberg of the Law Office of Michael Birnberg and by Scott A. Kamber and Naomi B. Spector of KamberLaw LLC.

The Prevagen Brain Health Supplement Class Action Lawsuit is Elaine Spath v. Quincy Bioscience Holding Company Inc., et al., Case No. 2:18-cv-12416-ES-MAH, in the U.S. District Court for the District of New Jersey.