The encyclopedia · Advertising & PR · Marketing decision · 2016
Lumosity sold brain games as dementia prevention — the FTC fined it $2M for the ads
Ads promised the games would fight age-related decline and dementia. The FTC said the science wasn't there and hit the maker with a $2M fine.
Lumos Labs · 2016-01-05
What happened
Lumosity was the most famous brand in 'brain training': 40 games sold by subscription from $14.95 a month up to $299.95 for life. Its ads claimed the games could help users perform better at work and in school, delay age-related cognitive decline, and protect against mild cognitive impairment, dementia and even Alzheimer's disease — and that scientific studies proved these benefits.
On January 5, 2016 the FTC charged that the marketing was deceptive advertising. 'Lumosity preyed on consumers' fears about age-related cognitive decline, suggesting their games could stave off memory loss, dementia, and even Alzheimer's disease,' said the director of the FTC's Bureau of Consumer Protection. 'But Lumosity simply did not have the science to back up its ads.' The FTC entered a $50 million judgment against Lumos Labs, then suspended all but $2 million of it because of the company's financial condition — the $2 million was paid as consumer redress.
Lumos Labs disputed the framing, saying the settlement 'is a reflection of marketing language that has been discontinued' and that the action did not pertain to the rigor of its research. The order still bound the company: future claims about real-world performance, age-related decline or health conditions now had to rest on 'competent and reliable scientific evidence,' and subscribers who had signed up for auto-renewal between January 2009 and December 2014 had to be notified of the action and given a way to cancel.
Why it happened
- The ads promised health outcomes — delaying dementia, protecting against Alzheimer's — that a consumer game had never been shown to deliver; the fear was the product being sold.
- The marketing aimed at anxiety about aging rather than at a measurable benefit, and the FTC read the fear-peddling as part of the deception.
- Lumosity's scale made it the target: the settlement became the rule for an entire 'brain training' category whose claims had run ahead of its science.
- A $50 million judgment set against a $2 million payment priced the misrepresentation honestly — the penalty matched what the company could pay, not what the claims were worth.
The lesson
A health claim in an ad is a claim a regulator can audit. Sell the fun, not the fear — the science has to exist before the promise does.
Aftermath
The FTC's order forced future claims to rest on competent and reliable scientific evidence, a standard that reshaped brain-training marketing. 'Prevent dementia with games' largely disappeared from the category's ads, and the case became a standing reference in advertising-law teaching on health claims.
Sources
- FTC press release, 5 January 2016 — Lumosity to Pay $2 Million to Settle FTC Deceptive Advertising Charges for Its 'Brain Training' Program
- CNBC, 5 January 2016 — FTC: Lumosity to pay $2M for deceptive advertising
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