Case against Quincy Bioscience for false advertising of memory supplement upheld in federal court

May 9, 2024 Robert Abruzzese, Courthouse Editor

Attorney General Letitia James announced that a federal judge in Manhattan upheld a jury's decision against Quincy Bioscience, who sells the memory supplement Prevagen, for deceptive advertising practices. Photo: Bebeto Matthews/AP

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A federal judge in Manhattan upheld a jury’s decision against Quincy Bioscience for deceptive advertising practices concerning its memory supplement, Prevagen, a victory for Attorney General Letitia James.

The court found that Quincy violated New York’s consumer protection laws by falsely claiming that Prevagen could improve memory and cognitive health without adequate scientific evidence.

The verdict concluded a two-week trial where it was determined that Quincy’s claims about the supplement — which is sold in major retailers nationwide and can cost up to $89.95 for a 30-day supply — were not only unsubstantiated but also materially misleading. The jury specifically noted that these claims had the tendency to deceive, constituting fraud under New York Executive Law Section 63(12).

Attorney General James criticized Quincy for exploiting fears of cognitive decline, particularly targeting elderly New Yorkers.

“New York laws are clear: companies and individuals cannot lie and manipulate consumers,” said Attorney General James. “Quincy took advantage of the very real fear of cognitive decline and preyed on elderly New Yorkers to make a profit. Consumers bought Prevagen with the hopes that they could improve their cognitive health. My office will always use every tool and resource at our disposal to protect New Yorkers and uphold the rule of law. I will not allow modern-day ‘snake oil salespeople’ to operate in New York.”

The Office of the Attorney General will now seek a permanent injunction to prevent Quincy from continuing its deceptive marketing tactics in New York and will pursue monetary compensation for affected consumers.

The evidence presented at trial highlighted numerous flaws in Quincy’s clinical trial for Prevagen, deceptive marketing strategies, and internal documents that contradicted the advertised benefits of the supplement.