Jury Hands Down a Verdict in Prevagen Deceptive Marketing Case
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
September 2020: Plaintiffs moved for preliminary approval of a proposed settlement agreement. According to its terms, class members who submit valid claims may receive a pro rata share of a $175,000 settlement fund after other fees – including notice and administration costs, attorneys’ fees, and an incentive payment to the named plaintiff – are paid. The proposed settlement agreement also indicates that the company removed and revised certain statements from its advertising materials.
May 2019: A class-action lawsuit was filed against Slendertone for allegedly falsely advertising that using the Flex Belt (a belt that delivers small amounts of electricity into the body causing muscles to contract) will get rid of belly fat and contour the body, lead to visible “six pack” abs and weight loss, and is a replacement for traditional abdominal exercise when, according to the complaint, there is no scientific support for such claims and the FDA has disapproved such devices for the advertised uses. (Loomis et al v. Slendertone Distribution, Inc., Case No. 19-cv-854, S.D. Cal.)
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
Grab your bag now, before Dina & Mita do
Regulators have a beef with company’s climate pledge.
Consumers need to be wary of undisclosed incentivized reviews.
Why TINA.org supports FTC’s proposed changes to COPPA Rule but pushes for more.