Summary of Action investigated the marketing of Prevagen, an over-the-counter supplement aimed at people suffering from memory loss, and determined that Quincy Bioscience – the marketer and manufacturer of the product — is engaged in a deceptive marketing campaign.  Specifically, the company claims that its supplement, which contains a synthetically-made protein based on bioluminescent jellyfish, can improve memory in just 90 days without having any competent or reliable scientific evidence to support such a health and treatment claim.

As a result of these findings, sent a warning letter to Quincy Bioscience on September 8, 2015 alerting it to the issues and requesting that the company remedy the deceptive marketing.  However, the company did not respond or make any noticeable changes to its campaign.  Accordingly, on September 17, 2015, filed a complaint letter with the Federal Trade Commission urging the agency to take action.  Then, on January 9, 2017, the FTC, together with the New York Attorney General, filed a lawsuit against Quincy Bioscience for, among other things, falsely advertising Prevagen as able to improve memory. (The lawsuit was initially dismissed by the district court but that decision was vacated by the Second Circuit Court of Appeals and the lawsuit remains pending. filed an amici brief in that appeal in conjunction with AARP, AARP Foundation, National Consumers League, and a group of advertising law academics. To read more about’s involvement in that appeal, click here.) also sent letters on January 19, 2016 to five major TV networks (ABC, NBC, FOX, The Weather Channel, and Turner Broadcasting System) that air Prevagen commercials putting them on notice that the commercials are deceptive and in violation of the networks’ own stated policies to only air truthful marketing, and then again on January 9, 2017 putting them on notice of the FTC/NY Attorney General lawsuit. also sent letters to the BBB calling on the organization to re-evaluate its A+ rating of Quincy Bioscience.

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