
Jury Hands Down Verdict in Prevagen Deceptive Marketing Case
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
December 2018: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiff’s individual claims and When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. as to the class members. The reasons for the dismissal have not been disclosed.
July 2018: A class-action lawsuit was filed against The UCAN Company for allegedly falsely marketing various Generation UCAN products, including SuperStarch drink mixes, Protein drink mixes, and snack bars. Specifically, the complaint alleges that the products are falsely marketed as able to produce “sustained energy,” “optimized performance,” “enhanced fat burn,” and “speedier recovery” without gastrointestinal side effects when, according to the plaintiffs, scientific evidence shows that the products actually increase gastrointestinal distress and do not enhance – but rather impair – performance. (McCann et al v. The UCAN Co., Case No. 18-cv-4769, N. D. IL.)
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
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