The encyclopedia · Advertising & PR · Marketing decision · 2017–2024
Prevagen promised to improve memory — a court ordered the claims off the bottle
Dec 2024: a court banned all eight disputed memory claims on Prevagen — seven years after the FTC and New York sued over marketing without proof.
Quincy Bioscience · 2024-12
What happened
Prevagen, a dietary supplement selling since 2013 with the jellyfish protein apoaequorin as its active ingredient, was marketed on the promise that it improves memory and supports healthy brain function. The FTC and the New York Attorney General sued its maker, Quincy Bioscience, in January 2017, arguing those claims were not backed by reliable scientific evidence.
After seven years of litigation that included a jury trial, the U.S. District Court for the Southern District of New York ruled against Quincy. A December 6, 2024 order banned all eight disputed claims nationwide and immediately — 'improves memory', 'clinically shown to improve memory', 'healthy brain function, a sharper mind and clearer thinking', and the related age-related memory-loss statements. Prevagen had generated more than $165 million in sales since launch.
The court denied the state's request for penalties and disgorgement, noting that losing all eight claims at once was itself 'not a trivial event'. Quincy said it would appeal and began stripping the claims from its packaging, website, Amazon listings and TV ads. The ruling is a landmark for the 'clinically shown' style of supplement advertising: a claim of proof is itself a claim, and it must survive in court.
Why it happened
- Prevagen sold 'clinically shown' memory improvements without evidence a court accepted.
- The marketing built the whole product on a claim the active ingredient could not support.
- Seven years of defending the claims cost the company its ability to make any of them.
The lesson
'Clinically shown' is a promise, not decoration: when a supplement's whole pitch is that its effect is proven, a court that rejects the proof takes the pitch — and the product's reason to exist too.
Aftermath
Quincy said it would appeal the December 2024 order and rolled back the disputed claims from packaging, its website, Amazon listings and TV advertising, pivoting the brand to more general 'brain support' language.
Sources
- FTC — Statement on FTC's Win in Lawsuit Against the Makers of Dietary Supplement Prevagen
- NutraIngredients-USA — Court orders Prevagen to remove memory-improvement claims
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