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Prevagen Study Data Withstand False Ad Complaint By FTC, New York AG

 
• By Eileen Francis

A federal judge dismissed a complaint filed by FTC and New York AG Schneiderman against Quincy Biosciences about claims for Prevagen cognitive supplement. The complaint did not show the company violated the FTC Act because it pointed only to possible errors in a supporting study.

The Federal Trade Commission and New York attorney general's argument that Quincy Biosciences LLC used weak data to support cognitive benefit claims for its Prevagen supplement was not strong enough to sway a federal judge against dismissing their complaint.

In a Sept. 28 order granting Quincy’s request to dismiss the complaint in the US District Court for Southern District of New York, Judge Louis Stanton said in order to allege a violation of the FTC Act, the commission must demonstrate a claim is likely to mislead consumers acting reasonably under the circumstances

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