Status and Updates

September 17, 2021: The FTC’s claims for monetary relief are dismissed without prejudice due to the Supreme Court’s decision in the AMG Capital Mgmt., LLC v. FTC case.

February 21, 2019: The Second Circuit Court of Appeals issued a Summary Order vacating the District Court’s judgment and remanding the case for further proceedings.

March 6, 2018:, AARP, AARP Foundation, National Consumers League, and a group of advertising law academics file a Motion for Leave to file an amici curiae brief in support of reversing the District Court’s decision.

February 28, 2018: The FTC and New York AG file their appellate briefs arguing that their case was improperly dismissed by the District Court.

November 15, 2017: The FTC and New York AG file Notices of Appeal indicating that they will be appealing the dismissal decision to the Second Circuit Court of Appeals.

September 28, 2017: The FTC and New York Attorney General’s case against Quincy Bioscience was dismissed because the District Court determined that they failed to show that the company lacks proper substantiation for its claims about Prevagen’s ability to improve memory.

January 9, 2017: The FTC, together with the New York Attorney General, file a lawsuit against Quincy Bioscience for its deceptive advertising of Prevagen as able to improve memory.

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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