Summary of Action
As a result of these findings, TINA.org 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, TINA.org 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. TINA.org 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 TINA.org’s involvement in that appeal, click here.)
TINA.org 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.
TINA.org also sent letters to the BBB calling on the organization to re-evaluate its A+ rating of Quincy Bioscience.
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