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.
August 2014: A federal judge dismissed this complaint for two reasons: First, the complaint failed to show that the packaging statements were false because none of the cited studies specifically tested Elations or its combinations of ingredients; and second, because the named plaintiff did not claim he relied on any statements on the company’s website or television commercials, he did not have standing (i.e., a proper basis) to sue on those claims.
October 2013: A class-action lawsuit was filed against The Elations Company, LLC and Beverages Holdings, LLC for allegedly falsely marketing the health benefits and effectiveness of the “Elations” line of glucosamine- and chondroitin-based supplements. Specifically, plaintiffs allege that the companies deceived consumers by representing that these supplements increased joint comfort and flexibility and reduced joint pain when, in reality, there is no scientific evidence to support such claims. (Murray et al. v. The Elations Company, LLC and Beverages Holdings, LLC, Case No. 13-cv-02357, S. D. CA.).
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
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