What is this lawsuit about?
This is a class action lawsuit about the labeling and advertising of Quincy Bioscience’s Prevagen Products. The plaintiff in the lawsuit asserts that the packaging and advertising for these products mislead consumers to believe that the products provide, among other things, brain health and memory benefits when, as Plaintiff alleges, the Prevagen Products do not provide those benefits. The defendant in the lawsuit, Quincy Bioscience, which owns the Prevagen brand, denies all the plaintiff’s allegations.
On December 15, 2017, the United States District Court for the Northern District of California ruled that the case may proceed as a class action, and certified two similar and overlapping classes – one under California’s Unfair Competition Law (“UCL”) and the other under California’s Consumers Legal Remedies Act (“CLRA”), both of which are consumer fraud statutes. The Court also ordered that the plaintiff may serve as a representative of the two classes described below.
The Court’s order certifying the Class does not predict or guarantee that Class Members will receive any money or benefits; that will be decided later in the Lawsuit. In certifying this case as a class action, the Court made no decision as to the merits of the Plaintiff’s legal claims or Quincy Bioscience’s defenses to those claims.
Please note that the Court’s order certifying the Class is conditional and may later be changed after the parties exchange evidence and the Court rules on various legal matters. In fact, the Court may even decertify the Class at any time before the Lawsuit is over. If the Court’s order certifying the Class is not later revoked or decertified by the Court, all orders of this Court, whether good or bad for Plaintiff, will be binding on any Class Member who does not opt out or exclude themselves. This means that any judgments entered by the Court, whether or not favorable to the Class, will be binding on all Class Members who do not exclude themselves.
Who is included?
The Court has allowed the following classes to proceed to trial:
The UCL class consists of: All California consumers who, within the time period of January 21, 2012 to May 7, 2019, purchased Prevagen Regular Strength, Prevagen Extra Strength, or Prevagen Mixed Berry Chewable.
The CLRA class consists of: All California consumers who, within the time period of January 21, 2011 to May 7, 2019, purchased Prevagen Regular Strength, Prevagen Extra Strength, or Prevagen Mixed Berry Chewable.
The UCL class and CLRA class are similar in most material respects for purposes of this notice, other than that the CLRA includes one more year of purchases, from January 21, 2011 to January 20, 2012, whereas the UCL class starts on January 21, 2012.