Another consumer protection case survives despite invocation of In re GNC

Racies v. Quincy Bioscience, LLC, No. 15-cv-00292, 2017 WL 6418910  (N.D. Cal. Dec. 15, 2017)The court granted Racies’ motion for certification of a California class against the makers of Prevagen, a supposed brain health supplement, covering the usual California claims. Racies alleged that, “contrary to the product’s labeling, Prevagen does not improve memory or brain function because its only active ingredient is digested and transformed into amino acids before it can measurably affect the brain.” Although individuals can’t bring lack of substantiation claims, and allegations that Quincy misrepresented Prevagen as “clinically tested” were impermissibly based on a lack of substantiation theory, the body chemistry allegations were sufficient to proceed.Quincy tried to turn the original allegations into a reason that Racies’ claims weren’t typical, because he relied on non-actionable representations that Prevagen was…

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