Second Circuit summarily reverses bad Prevagen decision on statistical proof

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the products’ active ingredient “supplements” brain proteins that are lost with age. The FTC alleged that Quincy conducted a randomized, double-blind, placebo-controlled study that contradicted these representations and showed no statistically significant improvement in the memory and cognition of participants taking Prevagen over participants taking a placebo. Quincy subsequently “conducted more than 30 post hoc analyses of the results” of the study, and “the vast majority of these post hoc comparisons failed to show statistical significance.” While the study showed a “few positive findings on isolated tasks for small groups of the study population,” these…

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