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.
In January 2014, a federal judge granted the parties’ joint motion to dismiss a class-action lawsuit alleging that ZeniMax Media Inc. and Bethesda Softworks LLC misleadingly market the Elder Scrolls IV: Oblivion video game. (The joint dismissal suggests the parties may have settled the case, but no settlement documents are publicly available at this time.) The complaint, which was originally filed in 2012, alleged that the companies promise the game’s “free-form” (or open-ended) nature provides players with unlimited possibilities and longevity when, in reality, an animation defect causes the game to end once its internal counter reaches the maximum level (even after only moderate use). The judge dismissed the case with prejudice, meaning that the plaintiffs cannot re-file. (Edwards et al v. ZeniMax Media Inc. and Bethesda Softworks LLC, Case No. 12-cv-00411, D. CO.).
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
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