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.
October 2014: A federal judge granted final approval of the settlement agreement.
April 2014: A federal judge preliminarily approved a settlement to a class-action lawsuit against Motorola Mobility, Inc. According to the settlement terms, class members who purchased a MOTOACTV sports watch in reliance of the company’s sweat-proof and water-resistant claims may receive a $35 coupon for use in the Motorola online store. In addition, class members with proof of purchase who claimed the watch was damaged by water and were denied a repair or replacement may receive a refund of their purchase price.
August 2013: A class-action lawsuit was filed against Motorola claiming that the company falsely advertised its MOTOACTV “GPS sports watch,” a fitness performance tracker and music player device. Specifically, the complaint alleges that Motorola advertises the product as rugged, durable, sweat-proof, and rain-resistant when, according to plaintiffs, the device malfunctions when it comes into contact with sweat and moisture. (Kobylanski et al. v. Motorola Mobility, Inc., Case No. 13-cv-01181, W.D. PA.).
Verdict comes nine years after TINA.org alerted regulator to supplement’s unsubstantiated health claims.
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