Consumer alleges Prevagen supplement does not provide the benefits advertised

By Jenie Mallari-Torres | Aug 9, 2018

NEWARK, N.J. (Legal Newsline) – A New Jersey woman alleges a supplement she purchased in 2015 does not provide the brain health benefits as advertised.

NEWARK, N.J. (Legal Newsline) – A New Jersey woman alleges a supplement she purchased in 2015 does not provide the brain health benefits as advertised.

Elaine Spath filed a complaint on behalf of individually and on behalf of all others similarly situated on Aug. 2 in the U.S. District Court for the District of New Jersey against Quincy Bioscience Holding Co. Inc.; Quincy Bioscience LLC; Prevagen Inc., doing business Sugar River Supplements; and Quincy Bioscience Manufacturing LLC citing the New Jersey Consumer Fraud Act and other counts.

According to the complaint, the defendants market and sale Prevagen, a brain health supplement. The suit states the defendants market Prevagen as clinically tested to improve memory within 90 days, which the plaintiff alleges is false and misleading. The plaintiff alleges the product has not been tested and does not provide the claimed brain and memory support.

The plaintiff holds Quincy Bioscience Holding Co. Inc., Quincy Bioscience LLC, Prevagen Inc., and Quincy Bioscience Manufacturing LLC responsible because the defendants allegedly misrepresented that their product had been clinically tested and would provide the claimed benefits.

The plaintiff requests a trial by jury and seeks judgment against defendant; certify the case as a class action; award appropriate, actual, compensatory and monetary damages; attorney's fees; costs; punitive damages; interest and further relief as the court may be just. 

She is represented by Michael Birnberg of Law Office of Michael Birnberg in East Brunswick, New Jersey; Scott A. Kamber of Kamber Law LLC in Denver, Colorado; and Naomi B. Spector of Kamber Law LLC in La Jolla, California.

U.S. District Court for the District of New Jersey case number 2:18-cv-12416

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