Summary of Action

In 2014, the Federal Trade Commission entered an order against i-Health, Inc. and Martek Biosciences Corporation regarding their marketing of the supplement BrainStrong Adult. That Order prohibits them (directly or through any corporation) from, among other things, claiming, expressly or by implication, that any dietary supplement promoted to prevent cognitive decline or improve memory, or containing docosahexaenoic acid (DHA), can improve memory in adults or prevent cognitive decline in adults without having competent and reliable scientific evidence to substantiate the claims.

TINA.org learned that Martek Biosciences, through its successor, DSM Nutritional Products, LLC, is violating the 2014 FTC Order. Specifically, DSM Nutritional Products manufactures and supplies the supplement known as life’sDHA™, which, when sold by CVS Pharmacy, goes by the name Algal-900 DHA and is promoted as “Memory Support,” implying the supplement can improve memory and/or prevent cognitive decline without proper substantiation, in violation of the 2014 Order. Further, the product bore a label making the express claim “clinically shown to improve memory” up until December 2015.

In addition, DSM Nutritional Products currently markets a product called BrainStrong Memory Support, which, as the name suggests, is promoted as able to help with memory and prevent cognitive decline, also in violation of the 2014 Order.

As a result, TINA.org sent a letter on June 3, 2016 to the FTC notifying it of these violations.

TINA.org also filed an opposition to a proposed settlement agreement in a private class-action lawsuit filed against CVS Pharmacy for its alleged deceptive marketing of Algal-900 DHA. For more information on TINA.org’s involvement in that case, click here.

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