A federal appeals court did not rebuke a standard the Federal Trade Commission imposes for substantiating health claims, as the dietary supplement industry hoped, in a ruling on a complaint alleging misleading memory claims for the Prevagen cognitive health supplement.
FTC's Prevagen Complaint Revived: Court Says 'Deceptive' Ad Allegation Plausible
District court erred in dismissing FTC complaint that Prevagen marketer Quincy Biosciences used deceptive representations in ads, Second Circuit says in long-awaited order. FTC and New York attorney general, along with advocacy group TINA, criticize Quincy's post hoc data analyses finding "false positives."